2023 (12) TMI 772 - HC - Income Tax

Attribution of profits earned from Indian operations - whether the view taken by CIT(A) that 15 percent of the profits earned from Indian operations could be attributed to the respondent/assessee was sustainable? - HELD THAT - The coordinate bench in AY 2006-07 while dealing with 2021 (10) TMI 1004 - ITAT DELHI has sustained the said conclusion and gone on to hold that no substantial question of law arose for its consideration. It is this decision which was affirmed by the Supreme Court Travelport L.P. USA 2023 (7) TMI 700 - SC ORDER considered and held against the Revenue.

Summary

Issues involved: Applications for condonation of delay in re-filing appeals, Appeals concerning different Assessment Years, Merits of the case based on Supreme Court decision.

Condonaion of Delay: The appellant/revenue filed applications seeking condonation of a 460-day delay in re-filing the appeals. The court, intending to decide the appeals on merits, inclined to condone the delay and ordered accordingly, disposing of the applications.

Assessment Years: The appeals pertained to various Assessment Years - 2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, and 2014-15. The appellant/revenue aimed to challenge the common order of the Income Tax Appellate Tribunal dated 13.10.2021.

Merits of the Case: The key issue in the appeals was whether 15 percent of the profits from Indian operations could be attributed to the respondent/assessee, a matter previously upheld by the Supreme Court in a related case. The court found no substantial question of law for consideration based on the previous decisions and closed the appeals accordingly. The order was to be dispatched to the respondent/assessee via all modes, including e-mail.