Commissioner Of Income Tax (It & Tp), Kolkata v. M/S. Price Waterhouse Coopers Llp Usa

OD-30 ITAT/206/2018IA NO: GA/1/2018(Old No.GA/2132/2018)IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE COMMISSIONER OF INCOME TAX (IT & TP), KOLKATAVERSUSM/S. PRICE WATERHOUSE COOPERS LLP USA BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAMAndTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 30[th] November, 2021 Appearance :- Mr. S.N. Dutta,Mr. Ashok Bhowmick, Advs. … For AppellantMs. Neelanjana Banerjee Pal, Adv.… For Respondent The Court : This appeal by the assessee filed under Section260A of the Income Tax Act, 1961 (the Act, for brevity) is directedagainst the order dated 14[th] February, 2018 passed by the Income TaxAppellate Tribunal, “C” Bench, Kolkata in ITA No.540/Kol/2015 forassessment year 2010-11. The appellant has raised the followingquestions of law for consideration :- “(i) Whether on the facts and in the circumstances of the casethe Learned Income Tax Appellate Tribunal, “C” Bench, Kolkata has erred in law in quashing the order passed under Section 263of the Income Tax Act, 1961? (ii)Whether on the facts and in the circumstances of the casethe Learned Income Tax Appellate Tribunal, “C” Bench, Kolkatahas erred by holding that the assessee has given the details ofnature of payment, invoice data, gross fee etc. while those werenot submitted during the assessment proceedings under Section143(3) dated March 19, 2013 which order has been set aside byCIT (IT & TP), Kolkata under Section 263 of the Income Tax Act,1961? (iii)Whether on the facts and in the circumstances of the casethe Learned Income Tax Appellate Tribunal, “C” Bench, Kolkatahas erred in law by holding that the services rendered outsideIndia are receipts which are not taxable in India under Article 15of the Double Taxation Avoidance Agreement while the assesseehas itself accepted that he has no supporting evidence for theinvoices aggregated to Rs.1,43,95,146/- in order to prove that therelated services were not performed in India as per paragraph 6of the Assessment Order passed under Section 143(3) read withSection 263 dated March 22, 2016? (jv)Whether the impugned order is bad, arbitrary, illegal,perverse and the same is nothing but a total non-application ofmind of the Income Tax Appellate Tribunal, Kolkata and the sameis liable to be set aside and/or quashed?” We have heard Mr. S.N. Dutta, learned Standing Counselappearing for the appellant revenue and Ms. Neelanjana Banerjee Pal,learned Counsel appearing for the respondent assessee. It is submitted on behalf of the appellant revenue that thepresent appeal cannot be pursued by the revenue on account of lowtax effect. Accordingly, in view of the said submission, the appealstands disposed of on the ground of low tax effect. However,substantial questions of law are left open. The appeal and the connected application are, accordingly,disposed of. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) SN/S. DasAR(CR)