TMI Blog2022 (11) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to occur or arise in India in the Memorandum of Grounds of Appeal From the impugned order passed by the learned Tribunal we find that the learned Tribunal has taken note of the decision of the CIT (Appeals) for the assessment year 2010-2011 which was in favour of the assessee. There is nothing on record to indicates that the fact situation for the assessment year 2010-11 is materially different or in any manner different from the assessment year under consideration, i.e. A.Y. 2014. That apart we find that the learned Tribunal had examined the entire factual position and gone through the agreement and thereafter tested the correctness of the argument of the revenue on the ground that the foreign companies are related parties. Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench Kolkata dated 10th August, 2021 in ITA No. 473Kol/2020 for the assessment year 2014-15. The revenue has raised the following substantial questions of law for consideration:- i. WHETHER the Learned Tribunal has erred in allowing the disallowance of Rs.7,85,93,661/- made under section 40(a)(i) of the Income Tax Act, 1961 by the AO on account of payment made to International Freight Forwarding Agents (i.e. it related companies) ? ii. WHETHER the Learned Tribunal has erred in deciding the present case relying on the facts and circumstances of the assessee s own case for the assessment year 2010-2011, ignoring the facts that each and every assessment is distinct and is made on different facts and circumstances ? We have heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax (Appeals) (CITA) for the assessment year 2010-2011 which was in favour of the assessee. There is nothing on record to indicates that the fact situation for the assessment year 2010-11 is materially different or in any manner different from the assessment year under consideration, i.e. A.Y. 2014. That apart we find that the learned Tribunal had examined the entire factual position and gone through the agreement and thereafter tested the correctness of the argument of the revenue on the ground that the foreign companies are related parties. The learned Tribunal did not agree with the said condition since on facts it noted that those foreign companies are independent legal entities in foreign countries and they have no business activity n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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