M/S. AVENUE ASIA ADVISORS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI
In the result, the appeal of the assessee is allowed for statistical purpose
ITA 6638/DEL/2013[2009-10]Status: DisposedITAT Delhi22 Jan 2016AY 2009-10
Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2009-10 Avenue Asia Advisors Pvt. Vs. Dcit, Circle-2(1), Lower Ground Floor, C-4/5, New Delhi. Safdarjung Development Area, New Delhi (Pan: Aadcp7362G) (Appellant) (Respondent) Appellant By : S/Sh. Mukesh Butani, Vishal Kalra & Vivek Bansal, Adv. & Ms. Shweta Kashyap, Ca Respondent By : Sh. Anand Kumar Kedia, Cit(Dr) Date Of Hearing: 26.10.2015 Date Of Pronouncement: 22.01.2016 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Dated 10.10.2013 Of The Deputy Commissioner Of Income-Tax, Circle-2(1), New Delhi Under Section 143(3) R.W.S. 144C Of The Income-Tax Act, 1961 (For Short “The Act”) In Relation To Assessment Year 2009-10. The Grounds Of Appeal Raised By The Assessee Are As Under: 1. That The Learned Assessing Officer ("Ao") Erred On The Facts & Circumstances Of The Case & In Law In Making An Addition To The Total Income Of The Appellant Amounting To Rs. 95,945,630/- In Pursuance To The Directions Of The Hon'Ble Dispute Resolution Panel ("Drp") Upholding The Adjustment To The Transfer Price Proposed By The Learned Transfer Pricing Officer ("Tpo").
For Appellant: S/sh. Mukesh Butani, Vishal Kalra & Vivek Bansal, AdvFor Respondent: Sh. Anand Kumar Kedia, CIT(DR)
Section 143(3)Section 92C(2)
…not to be read as Euclid's theorems nor the observations therein as provisions of statute, observations must be read in the context in which they appear, one should avoid the temptation to decide cases by matching the colour. (v) Ajanta Pharma Ltd. vs. ACIT, 267 ITR 200 (Bom.) for the proposition that no judgement can be read as statute, every decision is an authority for what it decides. (vi) S. Shanmugavel Nadar Vs. State of Tamil Nadu & Another, 263 ITR 658 (SC) for the proposition that for a declaration of law there & ITA No.5680/Del/2011 should be a speaking order, a decision which is not expressed & is not…
