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2014 (4) TMI 1277 - AT - Income TaxTaxability and the extent qua the income from off-shore supply of equipments; income from on-shore equipments; income from on-shore services; and income from design and engineering services - Transfer Pricing Adjustment - HELD THAT - Such issues have been sent back by the tribunal to the AO/TPO for a fresh decision in accordance with the specific directions given therein. Since both the sides are in agreement that the facts and circumstances as well as the grounds of the extant appeal are mutatis mutandis similar to those for A.Y. 2008-09, following the precedent we set aside the impugned order and remit the matter to the file of AO/TPO for deciding these issues afresh in conformity with the directions by the Tribunal in its order for A.Y. 2008-09 2014 (3) TMI 368 - ITAT DELHI .
Issues:
Appeal against final order passed by Assessing Officer u/s 143(3) r.w.s. 144C(13) for A.Y. 2009-10; Similarity of issues with the appeal for A.Y. 2008-09; Transfer Pricing Adjustment; Taxability of income from off-shore supply of equipments, on-shore equipments, on-shore services, design and engineering services. Analysis: The appeal before the Appellate Tribunal ITAT Delhi was against the final order issued by the Assessing Officer for the assessment year 2009-10. The issues raised in this appeal were found to be similar to those in the preceding year's appeal for A.Y. 2008-09. The Tribunal had previously passed an order for the A.Y. 2008-09, addressing various aspects such as taxability of income from off-shore supply of equipments, on-shore equipments, on-shore services, and design and engineering services, along with the issue of Transfer Pricing Adjustment. The Tribunal had sent these issues back to the Assessing Officer/Transfer Pricing Officer for a fresh decision in line with specific directions provided. Both parties agreed that the facts and grounds of the current appeal were similar to the previous year. Consequently, the Tribunal set aside the impugned order and remitted the matter to the AO/TPO for a fresh decision in accordance with the directions given for A.Y. 2008-09. The assessee was granted a reasonable opportunity to be heard in this process. The appeal was partly allowed for statistical purposes, and the order was pronounced in open court on 02/04/2014.
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