2024 (2) TMI 1112

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....ction 144C(5) of the Income Tax Act, 1961 dated 27.06.2023. The grounds of appeal raised by the assessee are as under : "General Grounds 1. On the facts and in the circumstances of the case and in law the Hon'ble DRP/Ld.AO has erred in assessing the total income of the Appellant at INR 842,703,639. 2. On the facts and circumstances of the case and in law, the Hon'ble DRP /Ld. AO has erred in not following the orders of Hon'ble Income Tax Appellate Tribunal and learned Commissioner of Income Tax (Appeals) on identical facts for earlier years i.e. AY 2018-19 & 2019-20. Addition in respect of Fees for Included Services('FIS') - INR 842,703,639 3. On the facts and circumstances of the case an....

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....tted that for earlier years on identical facts, the ITAT has allowed the appeal of the assessee. The ld.AR filed copies of ITAT Orders in assessee's own case in ITA No. 258/PUN/2021, ITA No. 838/PUN/2022 & ITA No. 839/PUN/2022. Ld.AR read out the relevant paragraphs of the ITAT's Order and AO's order. Submission of ld.DR : 4. Ld. Departmental Representative(ld.DR) for the Revenue relied on the order of the Assessing Officer and DRP. However, ld.DR admitted that for A.Y. 2017-18, the identical issue in assessee's case has been decided by ITAT in assessee's favour. Findings & Analysis : 5. We have heard both the parties and perused the records. On perusal of the DRP's order, it is observed that DRP has accepted that for A.Y. 2017-....