TaxTMI 
TaxTMI 
2017 (4) TMI 55
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.... case, Clough Engineering Limited (hereinafter referred to as the 'Appellant') craves leave to prefer an appeal against the order passed by the Assistant Director of Income-tax (International Taxation), Dehradun [hereinafter referred to as the 'Hon'ble AO'] under section 143(3) read with section 144C(13) of the Income-tax Act, 1961 (hereinafter referred to as the 'Act'), in pursuance of the directions issued by the Hon'ble Dispute Resolution Panel - New Delhi (hereinafter referred to as 'Hon'ble DRP') on the following grounds: Ground 1 On the facts and in the circumstances of the case and in law, the Hon'ble DRP/ AO erred in assessing the total income at Rs. 474,268,690 as against return....
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....n 40(a)(i) and Section 40(a)(ia) of the Act while determining the income subject to tax for onshore activities. Transfer pricing grounds Ground 7 The learned AO, based on the directions of the learned DRP, has erred on the facts and circumstances of the case and in law in making an addition of Rs. 67,128,766 to the total income of the Appellant on account of adjustment in the arm's length price of various the international transactions. Ground 8 The learned DRP/ AO has erred in facts and circumstances of the case and in law in disallowing a payment of Rs. 81,90,489 towards receipt of logistics support services. Ground 9 The learned DRP/ AO has erred in law in making an adjustment of Rs. 18,442,111 to the internation....
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.....82% as against the lower rate of 15%. Ground 15 - Levy of interest under Section 234B of the Act On the facts and in the circumstances of the case and in law, the Hon'ble DRP/ AO has erred in levying interest under Section 234B of the Act amounting to Rs. 96,625,256. Ground 16 - Levy of interest under Section 234D of the Act On the facts and in the circumstances of the case and in law, the Hon'ble DRP/ AO has erred in levying interest on excess refund under Section 234D of the Act amounting to Rs. 6,351,401. The above grounds of appeal, including the sub grounds, are distinct and separate and without prejudice to each other and the Appellant requests that the above grounds be decided based on the merits of the case. ....
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....th ONGC can be found at pages 1 to 41 of the paper book. As can be seen the contract involved offshore supplies and onshore supplies. Reference made to TPO resulted in recommendation of adjustment on different grounds as can be seen from order of transfer pricing Officer dated 29 October 2010. Detailed objections filed before dispute resolution panel (DRP) are placed as part of the appeal memo. Kind attention is invited to summary of arguments running into 15 pages which is part of the appeal memo. This may kindly be considered for the purposes of present appeal. Particular attention is invited to the submissions in the context of offshore supplies which can be found from page 6 of 15 to 14 of 15. In continuation steps taken by CEL to avoid....
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....arify and emphasis that non-pressing of other grounds should not be construed as acceptance of the order of claims of department in any way and may kindly be viewed solely in the background of the facts stated hereinabove, and should also, not be regarded as a precedent for other assessments/ appeals with regard to the similar issue. CEL reserves the right to appeal similar issue in assessments for other years." 3. The ld. counsel for the assessee has made detailed submissions of Ground No.3, 4 and Ground No.6. He prayed for relief. 4. Ld. Departmental Representative (DR), on the other hand, opposed the contentions of the assessee and relied on the orders of the DRP as well as the TPO on ground nos.3, 4 and 6, which were pressed by th....