TMI Blog2014 (5) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal in assessee s own case for A.Y. 2006-07 [ 2012 (2) TMI 365 - ITAT MUMBAI ] the Ld. CIT(A) correctly held that the services rendered by the assessee are not managerial, technical or consultancy services and deleted the addition made by the AO. - Decided against revenue. - I.T.A. No. 7319/Mum/2012 - - - Dated:- 21-5-2014 - SHRI VIJAY PAL RAO, JM AND SHRI N.K. BILLAIYA, AM For the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted for scrutiny assessment and accordingly statutory notices were issued and served upon the assessee. 3.1. The assessee is a company incorporated under the laws of Hong Kong and is engaged in the business of provision of supply chain management including the provision of freight forwarding and logistics services. During the course of the scrutiny assessment proceedings, the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess between them is carried on a principal-to-principal basis and at arm s length. The AO was of the firm belief that the term Fee for Technical Services (FTS) has been defined under the provisions of Sec. 9(1)(vii) of the Act and in so far as relevant to the facts of the case, as any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Ld. CIT(A) for A.Y. 2006-07 has been reversed by the Tribunal, Mumbai Bench vide its order dt. 22.2.2012, wherein the Tribunal has held that fees earned by the assessee under the transportation agreement are not FTS and cannot be taxed u/s. 9(1)(vii) of the Act. Taking support from the decision of the Tribunal in assessee s own case for A.Y. 2006-07, the Ld. CIT(A) held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporated the findings of the Tribunal qua para 17,18 19 of the Tribunal s order. As no distinguishing facts have been brought before us and the findings of the Ld. CIT(A) is being based on the decision of the Tribunal in assessee s own case in ITA No. 2426/M/10, we decline to interfere. 8. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
