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TMI Blog2023 (7) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... .06.2022 for A.Y. 2018-19. Following the directions of the DRP-1, Mumbai, the assessee has raised the following grounds before us: "1. On the facts and circumstances of the case and in law, the final assessment order dated 15 July 2022 passed by the Learned Assessing Officer (Ld. AO) under section 143(3) read with section 144C(13) of the Income-tax Act, 1961 (the Act), to the tune prejudicial to the Appellant is bad in law and therefore liable to be quashed 2. On the facts and circumstances of the case and in law, the Ld. AO following the directions of Hon'ble Dispute Resolution Panel ('Hon'ble DRP) passed final assessment order on an incorrect understanding of the facts that the Appellant has rendered services as against of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n levying interest of INR 7,96,704 and INR 69,04,768 under section 234A and 234B of the Act, respectively. 5. On the facts and circumstances of the case and in law, the Ld. AO erred in giving short credit of the taxes deducted at source (TDS) of INR 28,83,079. penalty 6. On the facts and circumstances of the case and in law, the Ld. AO erred in initiating under section 270A of the Act. The above grounds and sub-grounds are without prejudice to each other. The Appellant craves leave to add, alter, amend, modify or withdraw all or any of the aforesaid grounds of appeal as may be considered necessary at any time before or at the time of hearing of the appeal. The Appellant prays that appropriate relief be granted based on the said gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The assessee also submitted that it has not rendered any services so taxing it as FTS will not be correct in facts. The assessee also submitted that aforesaid revenue were earned from offshore sale of equipment to Indian customers accrued outside India as per the provisions of Sec. 5 of the and accordingly such income was not taxable in India. However, the A.O has not agreed with the submission of the assessee. The A.O was of the view that the assessee was providing sophisticated equipment's to its client which can be put to use by it only as well as rendering supporting services. Therefore, after referring the terms and conditions guidelines as part of the invoice the assessing officer stated that the assessee was not only selling equip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On the other hand, the ld. D.R relied on the order of lower authorities. 5. Heard both the sides and perused the material on record. During the year under consideration the assessee had supplied equipment amounting to Rs. 13,27,84,057/- as discussed supra in this order to Indian customer and claimed the same as offshore sale of goods and the revenue was accrued outside India as per the provision of Sec. 5 of the Act and same was not taxable in India. However, the A.O has taxed the receipt from offshore sale of goods of Rs. 13,27,84,057/- by treating the same as fees for technical services under the Act as well as Article 12 of the India-Ireland Double Taxation Avoidance Agreement (DTAA). In this regard, the assessee submitted that it has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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