9911796707
TMI Blog2017 (1) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... resident of the USA - Held that:- In the present case, the AO had based his conclusions and determined the income based upon figures furnished by the assessee, as is apparent from a plain reading of the order. In the circumstances, the ITAT, in our opinion, ought not to have disturbed that order, without appropriate hearing. In view of the conclusions recorded by us, the present ITA is dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions are disposed off. 5. Issue notice. Mr. Prakash Kumar, Advocate accepts notice on behalf of the respondent. 6. With the consent of the parties, the appeal is taken up for final hearing. 7. The Revenue urges a substantial question as to the tenability of the impugned order of the Income Tax Appellate Tribunal (ITAT) to the extent it attributed 15% of the assessee s income to In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and materials furnished by the assessee. The net taxable income determined to be US Dollar 73,376/- upon which, after conversion, the taxable income was determined at ₹ 13,24,707/-. The Commissioner of Income Tax (Appeals) [CIT (A)], before whom the assessee had urged its grievances, rejected the plea. Even the plea of the assessee to carry out on an upward refund based upon additional ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances. 11. It is apparent from the above discussion that the specific and limited challenge by the Revenue in this appeal is to the ITAT s order, rather mechanical adherence to the Galileo International Inc s case (supra) attribution, principally to the extend it followed 15% rule. In the present case, the AO had based his conclusions and determined the income based upon figures furnish ..... X X X X Extracts X X X X X X X X Extracts X X X X
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