HEADSTRONG SERVICES (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 2555/DEL/2014Status: DisposedITAT Delhi22 June 2016AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal directed the Assessing Officer to pass consequential assessment orders incorporating the TPO's rectification order within 30 days. This was done to give effect to the TPO's decision which would render the appeal infructuous.

What were the facts?

The assessee filed an appeal against the AO's order. The assessee had also filed a rectification application before the TPO, which was accepted and rectified. However, the AO was not giving effect to the TPO's rectification order.

What were the issues?

Whether the AO is obligated to give effect to a rectification order passed by the TPO, and if so, what is the procedure when the AO fails to do so.

Which sections of the Income-tax Act were involved?

Section 154,Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘I-2’, NEW DELHI

Before: SHRI J. SUDHAKAR REDDY & MS. SUCHITRA KAMBLE

For Appellant: Shri Shailesh Kumar, Adv

ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER This is an appeal filed by the Assessee against the order passed by the A.O. u/s 143(3) r.w.s. 144C of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 25.2.2014 pertaining to the Assessment Year (A.Y.) 2009-10.

2.

The Ld.D.R. sought an adjournment on the ground that the Sr.D.R. is not available. The Ld.Counsel for the assessee Shri Shailesh Kumar on the other hand submitted that the assessee had filed a Rectification Application u/s 154 of the Act before the Transfer pricing Officer (TPO) 1(2), New Delhi and that the T.P.O. vide order dt. 10.6.2014 has accepted this application and rectified his order. He submitted that the A.O. is not giving effect to this order passed by the TPO u/s 154 of the Act dated 10.6.2014 despite Headstrong Services (India) P.Ltd., New Delhi constant follow-up from their side. He submitted that if the A.O. passes consequential order in accordance with the order of the T.P.O. then the appeal in question will not survive.

3.

The Ld.CIT, D.R. Smt. Renuka Jain requested for time to verify the matter.

4.

After hearing rival contentions, we are of the considered opinion that this is not a fit case for grant of any further time to the Revenue. Hence we dispose this appeal after hearing the ld.Counsel for the assessee.

5.

Heard Shri Shailesh Kumar, the Ld.Counsel for the assessee.

6.

This averment is set aside to the file of the Assessing Officer with the direction that, he shall pass consequential assessment orders to incorporate the rectification order passed by the T.P.O. 1(2) dt. 10.6.2014 u/s 154 of the Act within 30 days of receipt of this order.

7.

In the result the appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 22nd June, 2016.

Sd/- Sd/- (SUCHITRA KAMBLE) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: the 22nd June, 2016 *manga

Headstrong Services (India) P.Ltd., New Delhi Copy of the Order forwarded to:

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