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TMI Blog2014 (2) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... to error of law, in holding that the JV was not an association of persons and liable to be taxed on that basis. Decided in favour of the assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... said para it was submitted that the AO estimated the profits at 5% of the total contractual receipt of ₹ 9,98,86,286/- resulting in the addition of ₹ 49,94,314/-. 2.3. Referring to page 34 para 9 of the impugned order it was submitted that the CIT(A) takes note of the position of the 2004-05 assessment years in ITA No- 3058/Del/2007 wherein vide order dated 06.03.2009 on the very same facts the issue has been decided in favour of the assessee. It was pointed out by the Ld. AR that the CIT(A) had relied upon that the judgement of the Jurisdictional High Court in the case of CIT vs Oriental Structure Engineers Pvt. Ltd. 195 Taxmann 132. It was pointed out that the departmental SLP against the said decision for 2004-05, 2005-06 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is "whether the right person should not be taxed at the right place?" For readyreference, we reproduce the said para from the order on which reliance is placed by the department:- 22. "The assessee JV has relied upon the decision of the Hon'ble ITAT, given in the case of M/s OSE-GIL JV for AY 2004-05 in ITA No-3058/Del/2007 dated 06.03.2009 as well as Advance ruling given by AAR in 469/1999. As regards the decision of Hon'ble ITAT (supra), it is a fact that for the said AY in that case as well as for AY 2005-06 in the same case, the payments made by the assessee JV to its partners were found to be reasonable by the Hon'ble ITAT, having regard to the fair market value of the services rendered by them. However, with all due respect to the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the departmental appeal on identical facts. The relevant portion of the said order is extracted hereunder:- 2. At the very outset, Ld. Counsel for the assessee submitted that issue involved in all these appeals is not only covered in assessee's cases by jurisdictional High Court, but SLPs filed by the department has also been dismissed and this fact has also been mentioned by Ld. CIT(A) in his order. Therefore, order of CIT(A) on the issues raised in these appeals are liable to be confirmed, which may be confirmed and appeals of the Revenue be dismissed. 3. Ld. DR strongly relied upon the order of the Assessing Officer and pleaded for setting aside the order of the CIT(A) and restoring that of the Assessing Officer without commenting on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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