TaxTMI 
TaxTMI 
2023 (7) TMI 1412
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....B.R.R. Kumar, Accountant Member: The present appeals have been filed by the assessee against the orders dated 26.05.2022 passed by the AO u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961. 2. Since, the issues involved in both the appeals are similar, they were heard together and being adjudicated by a common order. 3. In ITA No. 1654/Del/2022, the only effective grounds raised by the ass....
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.... the following well-established facts and legal positions:" 3. The assessee is a company incorporated in Singapore and is a tax resident of Singapore. It is engaged in the business of providing digital transmission of data through international private line (IPL) or multi-protocol label switching (MPLS"), etc, to facilitate high-speed data connectivity (hereinafter referred to as 'bandwidth ....
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..... If the service is unavailable or is not available as per the agreed speed, the customer shall be entitled to a rebate as per the rates agreed in clause 8.11 of the GBSA. 6. For the AY 2018-19, the assessee had filed its return of income declaring NIL income. The assessment was concluded under Section 143(3) r.w.s. 144C(1) of the Income-tax Act, 1961 wherein the AO has considered the amount rece....
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.... the Hon'ble Supreme Court in the case of Engineering Analysis Centre of Excellence Private Limited in 432 ITR 471. 11. Respectfully following the findings of the coordinate Bench, in the light of the decision of Hon'ble Jurisdictional High Court of Delhi (supra) and the Hon'ble Supreme Court (supra) we direct the AO to delete the impugned additions from both the assessment years." ....