GE HYDRO FRANCE,NEW DELHI vs. DCIT, CIRCLE-1(3)(1), INTERNATIONAL TAXATION, NEW DELHI

ITA 2085/DEL/2022Status: DisposedITAT Delhi13 March 2024AY 2018-19Bench: SHRI C. N. PRASAD (Judicial Member), SHRI M. BALAGANESH (Accountant Member)39 pages
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What did the Tribunal hold?

The Tribunal allowed the appeal regarding the disallowance of duty drawback written off and held that interest under Section 234B is not chargeable when tax is deducted at source by the buyer. Interest under Section 234C was to be charged only on returned income.

What were the facts?

The assessee, GE Hydro France, a foreign company, appealed against assessment orders for AYs 2018-19 and 2019-20 concerning income from offshore supplies, onshore activities, and fees for technical services. The Assessing Officer (AO) made significant additions to the returned income.

What were the issues?

The key issues involved the taxability of offshore supply receipts, the existence of a Permanent Establishment in India, the applicability of Section 44BBB, and the correct computation of interest and penalty.

Which sections of the Income-tax Act were involved?

Section 143,Section 144C,Section 44BBB,Section 28,Section 43B,Section 40,Section 234B,Section 234C,Section 234D,Section 270A,Section 115JAA

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Income Tax Appellate Tribunal, DELHI BENCH “D”: NEW DELHI

Before: SHRI C. N. PRASAD & SHRI M. BALAGANESH

For Appellant: Shri Ajay Vohra, Sr. Adv
For Respondent: Shri Aditya Vohra, Adv, Shri Arpit Goel, CA
Hearing: 15/12/2023Pronounced: 13/03/2024

PER M. BALAGANESH, A. M.:

1.

The appeals in ITA No.2085 and 2086/Del/2022 for AYs 2018-19 and 2019-20 arise out of the order of the Assessing Officer/ ACIT, Circle- International Taxation 1(3)(1), New Delhi [hereinafter referred to as „ld. AO, in short] dated 29.07.2022. Identical issues are involved in both the appeals and hence they are taken up together and disposed of by this common order for the sake of convenience.

2.

The assessee has raised the following grounds of appeal in ITA No. 2085/Del/2022 for AY 2018-19:- “1. That on the facts and circumstances of the case and in law, the asse

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