Tax - Delhi-2 v. Bechtel India Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1. + ITA 283/2016 PR. COMMISSIONER OF INCOME TAX - DELHI-2 ..... Appellant Through: Mr P. Roy Chaudhuri, Senior Standing counsel. versus BECHTEL INDIA LTD ..... Respondent Through: Mr Piyush Kaushik, Advocate. AND 21. + ITA 303/2016 PR. COMMISSIONER OF INCOME TAX -DELHI-2 ..... Appellant Through: Mr P. Roy Chaudhuri, Senior Standing counsel. versus BECHTEL INDIA LTD ..... Respondent Through: Mr Piyush Kaushik, Advocate. CORAM: JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU O R D E R% 12.05.2016 % 1. These two appeals by the Revenue are directed against the two separate orders dated 20[th] November, 2015 passed by the Income Tax Appellate ITA Nos.283 & 303 of 2016 Page 1 of 2 Tribunal (‘ITAT’) in ITA No.1476/Del/2015 for the Assessment Year (‘AY’) 2004-05 and ITA No.1477/Del/2015 for the AY 2005-06. 2. The two questions sought to be urged by the Revenue concern the exclusion and inclusion of companies in the final list of comparables for determining the Arm’s Length Price of the international transactions undertaken by the Assessee. As far as this issue is concerned, the discussion in the impugned order of the ITAT of the reasons is exhaustive and has turned purely on facts. No substantial question of law arises as regards the said issue. Consequently, the appeals are dismissed. S.MURALIDHAR, J MAY 12, 2016 MK VIBHU BAKHRU, J ITA Nos.283 & 303 of 2016 Page 2 of 2