2023 (9) TMI 847

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....009-10 as well. 2. Assessee is engaged in the business of contracting for integrated intelligent building automation management systems and providing integrated facilities management, real estate management, engineering services and trading in air conditioning equipment and chillers. Assessee is a wholly owned subsidiary of M/s. Johnson Controls INC., US. 3. Business of assessee was divided into two segments, i.e., Centre of Excellence in Engineering segment and the Project and Services segment. 4. For the AY 2008-09 assessee had shown income of Rs. 73,79,40,723/- from Global Works Space Solutions (GWSS). Against this income assessee claimed an expenditure of Rs. 62,84,30,804/- being purchase of materials at Rs. 4,26,62,644/- and L....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....- made in the assessment order. Aggrieved by the order of the ITAT this appeal is preferred by the Revenue and the following three questions of law are proposed: "6.1 "Whether on the facts and circumstances of the case and. Law, the Hon'ble Tribunal is justified in deleting the addition in respect of disallowance of expenditure of Rs. 6,28,43,080/- being 10% of expenses in relation to facilities management, when the Hon'ble ITAT ignored the fact that the Assessing Officer had examined the issue minutely by issues of notices u/s. 133(6) of the Income Tax Act, 1961 whereby only few replies were received and the onus of proving genuineness and veracity of the transactions lies upon the assessee, which it failed to do so?" ....