TMI Blog2016 (12) TMI 1900X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished by the assessee, as is apparent from a plain reading of the order. In the circumstances, the ITAT, in our opinion, ought not to have disturbed that order, without a finding. This Court has also in its order [ 2017 (1) TMI 1160 - DELHI HIGH COURT ] between the same parties. Accordingly, the present appeal is disposed off with a direction to the ITAT to render specific findings on the questions urged after hearing both the parties. - ITA 603/2016 & CM Nos.30033-34/2016 , ITA 604/2016 & CM Nos.30035-36/2016 - - - Dated:- 20-12-2016 - HON'BLE MR. JUSTICE S. RAVINDRA BHAT And HON'BLE MR. JUSTICE NAJMI WAZIRI For the Appellant : Mr. Rahul Chaudhary, Senior Standing Counsel For the Respondent : Mr. Ajay Vohra, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e derived by the assessee from its PE. In doing so, the Assessment Officer based his conclusions and findings upon the information and materials furnished by the assessee. The net taxable income determined to be USD 73,376/- upon which, after conversion, the taxable income was determined at Rs.13,24,707/- in ITA No.604/2016 and in ITA No.603/2016, the net taxable income determined to be USD 7,14,039/- upon which, after conversion, the taxable income was determined at ₹ 3,28,45,794/-. The Commissioner of Income Tax (Appeals) [CIT (A)], before whom the assessee had urged its grievances, rejected the plea. Even the plea of the assessee to carry out on an upward refund based upon additional material furnished by it under Rule 46A was exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is to the ITAT s order, rather mechanical adherence to the Galileo International Inc s case (supra) attribution, principally to the extent it followed the 15% ratio. In the present case, the AO had based his conclusions and determined the income based upon figures furnished by the assessee, as is apparent from a plain reading of the order. In the circumstances, the ITAT, in our opinion, ought not to have disturbed that order, without a finding. 11. This Court has also in its order dated 19.12.2016 recorded a similar conclusion in ITA No.827/2016 between the same parties. Accordingly, the present appeal is disposed off with a direction to the ITAT to render specific findings on the questions urged after hearing both the parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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