DCIT, Circle - 11(2), Kolkata vs. M/S. Wacker Metroark Chemicals Private Limited, Kolkata
In the result, appeal of the revenue is dismissed
ITA 1087/KOL/2018[2013-14]Status: DisposedITAT Kolkata11 Dec 2019AY 2013-14
Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2013-14 Deputy Commissioner Of Income Tax, Ward-11(2), Kolkata………..........…….…….....…....Appellant Vs. M/S. Wacker Metroark Chemicals Private Limited.................................……………..…......Respondent Block-Bn, Plot-7 Sector-V Kolkata – 700 091 [Pan : Aaacw 2192 G] Appearances By: Shri Sanjay Paul, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Shri R.N. Dutt, Advocate & Ms. Sutapa Roy Choudhury, Advocate, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : November 25Th, 2019 Date Of Pronouncing The Order : December 11Th, 2019 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Revenue Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 22, Kolkata, (Hereinafter The “Ld.Cit(A)”), Passed U/S. 250 Of The Income Tax Act, 1961 (The ‘Act’), Dt. 26/02/2018, For The Assessment Year 2013-14. 2. At The Outset We Find That There Is A Delay Of 1 (One) Day In Filing Of This Appeal By The Revenue. After Perusing The Petition For Condonation, We Are Convinced That The Department Was Prevented By Sufficient Cause From Filing The Appeal On Time. Hence The Delay Is Condoned & The Appeal Is Admitted.
Section 143(3)Section 250Section 92C
…ted by the Hon'ble Supreme Court in the matter of DIT (International Tax) enunciated by the Hon'ble Supreme Court in the matter of DIT (International Tax) vs. Morgan Stanley and Co. Inc. (and vs. Morgan Stanley and Co. Inc. (and vice versa) reported in [2007] 292 ITR 416 vice versa) reported in [2007] 292 ITR 416 (SC). I have also noted that the Ld. TPO determined the arm's length price of the (SC). I have also noted that the Ld. TPO determined the arm's length price of the (SC). I have also noted that the Ld. TPO determined the arm's length price of the international transaction under consideration at NIL value…
