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2019 (8) TMI 169 - HC - Income TaxMember of AOP - whether Deepali Design and Exhibits Pvt. Ltd. (‘Deepali’) is in fact a member of the Association of Persons (‘AOP’) under the name of ‘Pico Deepali Overlays Consortium’? - Deepali was taxed separately by AO - HELD THAT:- There were three members of the AOP. One was Deepali, the other was Pico Event Marketing India Pvt. Ltd. and the third was Pico Hong Kong Ltd. A perusal of the assessment order framed against the AOP shows that the value of the contract performed by the AOP was approximately ₹ 159 crores whereas the assessment was framed at ₹ 405 crores. It was the contention of Deepali before the ITAT that the income earned by it on the part of contract performed by it had in fact been offered by it for tax and an assessment had also been completed against it separately on that basis. Deepali accordingly submitted that on the face of it, the original assessment order itself would have to be revisited not only to determine whether in fact Deepali was still a member of the AOP and, therefore, liable to be proceeded against for the tax liability of the AOP and further on merits whether the assessment had to be of the AOP minus Deepali. As far as the impugned order of the ITAT is concerned, the Court is of the view that the remand of the matter by the ITAT to the AO could not be said to be unwarranted in the facts and circumstances of the case. The impugned order does not give rise to any substantial question of law which requires to be determined by this Court. No substantial question of law
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