SHANGHAI ELECTRIC GROUP CO. LTD.,NOIDA vs. DCIT, CIRCLE- 3(1)(2), INTERNATIONAL TAXATION, NEW DELHI

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ITA 4164/DEL/2017Status: DisposedITAT Delhi15 September 2017AY 2014-153 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal dismissed all grounds raised by the assessee, except for the levy of interest under Section 234B, which was allowed. The stay application was dismissed as infructuous.

What were the facts?

The assessee is aggrieved by the rejection of their claim under Section 44BB, the existence of a fixed Permanent Establishment, taxability of offshore supply, and the chargeability of interest under Section 234B. Similar issues were raised in previous assessment years.

What were the issues?

The key issues involved the rejection of a claim under Section 44BB, the existence of a Permanent Establishment, and the taxability of offshore supply, alongside the levy of interest.

Which sections of the Income-tax Act were involved?

Section 44BB,Section 143(3),Section 144C,Section 234B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES : B : NEW DELHI

Before: SHRI R.S. SYAL & MS SUCHITRA KAMBLE

For Appellant: Shri Deepak Chopra &, Shri Harpreet Ajman, , Advocates
For Respondent: Shri Atiq Ahmad Sr. DR
Hearing: 15.09.2017Pronounced: 15.09.2017

Stay Appln No.355/Del/2017 ORDER PER R.S. SYAL, VP: This appeal by the assessee is directed against the final assessment order dated 26.05.2017 passed by the Assessing Officer u/s 143(3) read with section 144C of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2014-15.

2.

We have heard both the sides and perused the relevant material on record. The assessee in the instsant appeal is aggrieved against the rejection of claim u/s 44BB of the Act/Allegation of existence of fixed Permanent establishment; Taxability of offshore supply; and chargeability of interest u/s 234B of the Act. It is noticed, as has also been admitted by both the sides, that similar issues were raised in the appeals filed by the assessee for the assessment years 2007-08 to 2013-

14.

The Tribunal, vide its order dated 14.07.2017 in etc., has dismissed all the grounds raised by the assessee except for the levy of interest u/s 234B. The ld. AR fairly conceded that the facts and circumstances of the instant appeal are, mutatis mutandis, similar to those of the earlier disposed of by the 2

Stay Appln No.355/Del/2017 Bench. Respectfully following the precedent, we dismiss all the grounds taken by the assessee except the ground No.5 relating to levy of interest u/s 234B, which is hereby allowed.

3.

In view of our above disposal of the appeal itself, the stay application has become infructuous and the same is, accordingly, dismissed.

4.

In the result, the appeal of the assessee is partly allowed and the stay application is dismissed.

The order pronounced in the open court on 15.09.2017.

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