The Pr. Commissioner of Income-tax-­1 v. ALSTOM Projects India Ltd
[Citation -2019-LL-0226-35]

Citation 2019-LL-0226-35
Appellant Name The Pr. Commissioner of Income-tax-­1
Respondent Name ALSTOM Projects India Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 26/02/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags non-associated enterprise • transfer pricing adjustment
Bot Summary: P.C: These two Appeals under Section 260 A of the Income Tax Act, 1961, challenge the common order dated 28 th October, 2015 passed by the Income Tax Appellate Tribunal. We take up Appeal No. 1768 of 2016 relating to Assessment Year 2007 08 as the lead case and our conclusion herein will equally apply to Appeal No. 1739 of 2016 relating to Assessment Year 209 10. 4 Re. Question: We note that the impugned order of the Tribunal while dismissing the appeal of the Revenue on this issue placed reliance upon the decision of its co ordinate bench in respect of same Respondent Assessee for the Assessment Year 2006 07. Mr. Suresh Kumar, learned Counsel for the Revenue very fairly states that being aggrieved with the order of the Tribunal for Assessment Year 2006 07, the Revenue had filed an appeal to this Court being Income Tax Appeal No. 362 of 2014. The above appeal filed by the Revenue was dismissed on 14th September, 2016 with reasons. S.R.JOSHI 2 of 3 ::: Uploaded on - 28/02/2019 ::: Downloaded on - 01/03/2019 13:42:39 ::: itxa-1739-1768-2016 Therefore, for the reasons indicated in our order dated 14 th September, 2016, in the above Income Tax Appeal No.362 of 2014, this question does not give rise to any substantial question of law. As question does not give rise to any substantial question of law, occasion to examine questions does not arise.


itxa-1739-1768-2016 IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1739 OF 2016 WITH INCOME TAX APPEAL NO.1768 OF 2016 Pr. Commissioner of Income Tax 1 .. Appellant. v/s. ALSTOM Projects India Ltd., .. Respondent. Mr. Suresh Kumar, for Appellant in both Appeals. Mr. Hasmukh Ravaria i/b. DMD Advocates, for Respondent in both Appeals. CORAM: AKIL KURESHI & M.S.SANKLECHA, JJ. DATE : 26th FEBRUARY, 2019. P.C: These two Appeals under Section 260 of Income Tax Act, 1961 (the Act), challenge common order dated 28 th October, 2015 passed by Income Tax Appellate Tribunal (the Tribunal). common impugned order dated 28th October, 2015 is in respect of Assessment Years 2007 08 and 2009 10. Thus, two appeal. 2 Revenue urges following identical questions of law in both appeals, for our consideration: (a) Whether on facts and in circumstance of case and in law, Tribunal was justified in law in holding that TPO has applied adjustment to non AE (Associated Enterprises) transactions, especially in view of fact that, in absence of actual segmental accounts being maintained on S.R.JOSHI 1 of 3 ::: Uploaded on - 28/02/2019 ::: Downloaded on - 01/03/2019 13:42:39 ::: itxa-1739-1768-2016 regular basis by assesseee, TPO was well within his jurisdiction to attribute adjustment at entity level? (b) Whether on facts and in circumstances of case and in law, Tribunal was justified in deleting addition made by Assessing Officer by applying provisions of transfer pricing adjustments? (c) Whether on facts and in circumstances of case and in law, Tribunal was justified in applying safe harbour margin as prescribed in proviso to section 92(C) (2) of Income Tax Act, 1961 in view of fact that very basis of adjustment for extending safe harbour was worked out incorrectly? 3 It is agreed position between parties that, facts and law applicable in respect of both Assessment Years is identical. Therefore, we take up Appeal No. 1768 of 2016 relating to Assessment Year 2007 08 as lead case and our conclusion herein will equally apply to Appeal No. 1739 of 2016 relating to Assessment Year 209 10. 4 Re. Question (a): (i) We note that impugned order of Tribunal while dismissing appeal of Revenue on this issue placed reliance upon decision of its co ordinate bench in respect of same Respondent Assessee for Assessment Year 2006 07. (ii) Mr. Suresh Kumar, learned Counsel for Revenue very fairly states that being aggrieved with order of Tribunal for Assessment Year 2006 07, Revenue had filed appeal to this Court being Income Tax Appeal No. 362 of 2014 (CIT v/s. ALSTOM Projects India Ltd.,). above appeal filed by Revenue was dismissed on 14th September, 2016 with reasons. S.R.JOSHI 2 of 3 ::: Uploaded on - 28/02/2019 ::: Downloaded on - 01/03/2019 13:42:39 ::: itxa-1739-1768-2016 (iii) Therefore, for reasons indicated in our order dated 14 th September, 2016, in above Income Tax Appeal No.362 of 2014 (supra), this question does not give rise to any substantial question of law. Thus, not entertained. 5 Question (b) and (c): These questions are consequent to question (a) above. However, as question (a) does not give rise to any substantial question of law, occasion to examine questions (b) & (c) does not arise. Thus, not entertained. 6 Accordingly, both Appeals are dismissed. No order as to costs. (M.S.SANKLECHA,J.) (AKIL KURESHI,J.) S.R.JOSHI 3 of 3 ::: Uploaded on - 28/02/2019 ::: Downloaded on - 01/03/2019 13:42:39 ::: Pr. Commissioner of Income-tax-1 v. ALSTOM Projects India Ltd
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