2024 (1) TMI 68

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....eks to assail the order dated 24.11.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"]. 2. The Tribunal, while disposing of the appeals preferred by the appellant/revenue, concerning the aforementioned AYs, considered the facts obtaining in AY 2013-14 as the issue was common. We intend to do the same. 2.1 Before we proceed further, we would like to place on record the fact that, even according to the appellant/revenue, there is a delay of 187 days in filing the appeals. 3. We have examined the applications for condonation of delay preferred in the above-captioned appeals. Admittedly, the certified copy of the order of the Tribunal was received by the appellant/revenue on 04.01.2023. The application for condonat....

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....nagement fees paid by the respondent/assessee to ATS should have been added back to the income of the respondent/assessee. 7. In AY 2013-14, the respondent/assessee had filed its Return of Income (ROI) on 28.11.2013. The ROI declared a 'loss' amounting to Rs. 3,12,21,967/-. 7.1 The record discloses that the case of the respondent/assessee was selected for scrutiny, and accordingly, notices were issued under Sections 143(2) and 142(1) of the Income-tax Act, 1961 [in short, "Act"]. During the assessment proceedings, the Assessing Officer (AO) noted that the respondent/assessee had paid management fees to ATS. The amount paid was Rs. 3,37,08,000/-. 7.2 Post-scrutiny, the AO disallowed the expenses concerning management fees paid to AT....

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.... Copy of acknowledgment of ITR of ATS c) Copy of confirmation from ATS. d) Copy of Invoices of consultancy charges e) Details of the project. xxx xxx xxx I have considered the submission of the appellant, observation of the assessing officer in the assessment order and various case laws relied upon by the appellant in this regard. It is seen that Assessing Officer has not appreciated the services provided by ATS to the appellant by way of a service agreement. The Assessing Officer has not brought any information/evidence on record which has driven him to take an adverse view during the year. ..." [Emphasis is ours] 10. Having regard to the finding of fact returned by CIT(A), and susta....

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.... following documents in the paper book to support its contention: a) Copy of certificate of services rendered by ATS b) Copy of minutes of meetings between appellant and ATS c) Copy of registration in Service Tax d) Copy of registration in VAT e) Copy of salary sheet of staff deputed by ATS f) Copy of registration and approvals for construction g) Copy of MOU with ATS. h) Details of the project i) Copy of Invoices raised by ATS to other parties to whom it provided similar management services. xxx xxx xxx I have considered the submission of the appellant, observation of the assessing officer in the assessment order and various case laws relied ....