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)
…binding effect under article 141; a summary disposal by the SC, without laying down any law, is not a declaration; when no reasons are given, dismissal simpliciter is not a declaration of law by SC. (vii) Dr. Nalini Mahajan vs. Director of Income-tax (Inv.), 257 ITR 123 (Delhi) = (2003-TIOL-184-HC-DEL-IT)for the proposition that a decision is only an authority for what it decides and not what can logically be deduced therefrom; even a slight distinction in facts may make lot of difference in decision making process; a point never considered in a decision shall not be an authority therefor. (viii) Gujarat Co-oper…
