NETAPP B.V.,NOIDA vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

The stay application No.274/Del/2017 was fixed for hearing today. However, with the consent of both the parties, the appeal in has also been heard along with stay application.

21st December, 2015 for assessment year 2012-13 u/s 143(3)/144C(1) of the Income-tax Act, 1961 passed in pursuance to the DRP order.

The learned counsel for the assessee submitted that in earlier years, on identical grounds of appeal, ITAT, Delhi Bench in for assessment year 2008-09 and for assessment year 2010-11 in ITA No.634/Del/2015 have decided the appeals of the assessee vide order dated 16th January, 2017. He has submitted that all the grounds raised in the present appeal have already been decided by the Tribunal in the earlier order and prayed that the addition may be deleted in the light of above decisions.

Learned DR, however, submitted that matter may be remanded to the Assessing Officer for passing the order afresh in the light of the order dated 16th January, 2017, copy of which is filed at page 66 in the stay application.

In this view of the matter and considering the fact that issues are identical in the present appeal as have been decided by the Tribunal in earlier years 2008-09 and 2010-11 vide order dated 16th January, 2017 (supra), we set aside the orders of authorities below and restore the matter in issue as raised in the grounds of appeal to the file of the Assessing Officer with direction to re-decide the grounds of appeal in the light of the order of the Tribunal dated 16th January, 2017 (supra).

In the result, the appeal of the assessee is allowed for statistical purposes. The stay application has become infructuous and is accordingly disposed of. Decision pronounced in the open Court on 19.05.2017.