Case Law Details
ABB AB C/o ABB India Limited Vs DCIT (ITAT Bangalore)
Assessing Officer first has to examine whether the amounts received are off shore supply contracts by the assessee were received outside the country. The learned Authorized Representative submitted that the assessee company has offered the income on on shore supply contracts. Since, the off shore supply contracts are not taxable in India but TDS was deducted in India therefore assessee is eligible for refund of TDS Credit. We considering the facts, submissions and judicial decisions are of view that the AO first has to quantify and examine the refund. Accordingly, in the interest of Justice, we restore the disputed issue for limited purpose to the file of Assessing Officer to examine and verify the correctness of claim and to consider the ratio of judicial decisions. And ,we allow the grounds of appeal of assessee for statistical purposes.
FULL TEXT OF THE ITAT JUDGEMENT
The appeals are filed by the assessee for the Assessment Year 2012-13 against the order of Commissioner of Income Tax (Appeals)-12, Bangalore passed u/s.143(3) and u/s 250 of the Income Tax Act, 1961 (the Act) and for the A.Y. 2013-14,appeal filed against the final assessment order passed under Section 143(3) r.w.s. 92CA and 144C(5) of the Act in pursuance to the directions of the Dispute Resolution Panel (DRP). For the sake of convenience, we shall take up the appeal for the Assessment Year 2012-13 and the facts narrated therein.
2. At the time of hearing, we find a letter filed by the ld. AR of the assessee along with copy of Resolution of CBDT under Section 90 of the Act dt.3.12.2019.We shall consider it appropriate to refer to the letter dt.17.08.2020 and the CBDT resolution dt.3.12.2019 which is read as under :
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