2016 (8) TMI 1200

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....pellant : Lalitha Krishnamurthy, M. P. Rastogi, Advocates. For the Respondent : Anil Kumar Sharma, Senior DR. ORDER G. D. Agrawal (Vice President) This appeal by the assessee for the assessment year 2006-07 is directed against the order of learned CIT(A)-XI, New Delhi dated 6th January, 2011. 2. The assessee has raised the following grounds of appeal :- "1. That the ld.CIT(....

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....ven in US where the firm has its HO and is based, even they are not making even a part of this profit %. How can a branch who is simply doing a small portion of the job such as drafting and engineering can be deemed as making so high % of profit, when the most of the crucial job of the project lies with the HO, including the liabilities of the design if the building fails at any given time. ....

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....thout prejudice to above grounds : (i) That the CIT(Appeals) has not given any valid reason to uphold the addition made by the AO. (ii) That in the absence of any comparables brought on record either by the AO or by CIT(Appeals) the addition of Rs. 17,98,320 as sustained by CIT(Appeals) is arbitrary, without any basis and bad in law. (iii) That the AO and CIT(Appeals) ha....

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....he assessee is squarely covered by the decision of ITAT in assessee's own case for assessment year 2003-04 and 2004-05 vide ITA No.1597 & 1598/Del/2009. He stated that the ITAT has not accepted the assessee's contention that there is no PE in India. The ITAT has given the direction how the profit is to be attributed to the PE in India. He, therefore, submitted that for the year under consideration....