9911796707
TMI Blog2024 (2) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the Assessment Year ("AY") 2021-22. 2. The assessee has raised the following grounds of appeal:- "1 That on the facts and in the circumstances of the case and in law, the order dated 22 September, 2023 passed by the Assessing Officer ("AO") under section 143(3), r.w.s 144C(13) of the Income-tax Act, 1961 ("the Act") is erroneous and bad in law as well as in facts. 2. That the AO and the Ld. DRP on the facts and in law, have erred in holding that fee for freight/ logistic support services amounting to INR 149,85,14,454 received by the Appellant, for services rendered outside India, is in the nature of Fee for Technical Services/Fee for Included Services ("FTS'/ "FIS") as per the provisions of section 9(1)(vii) of the Act and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l freight logistics services worldwide. It carries out operations in three primary segments, namely airfreight, ocean freight and ocean services, customs brokerage and import services. The nature of services primarily includes consolidation or forwarding of air and ocean freight. Additionally, these services include distribution management, vendor consolidation, cargo insurance, purchase order management, customised logistics information. These operations are rendered by the assessee from outside India. For AY 2021-22 the assessee filed its return of income on 14.03.2022 declaring income of Rs. 2,40,68,13,280/-. 3.1 The Ld. Assessing Officer ("AO") in his draft assessment order assessed the income of the assessee at Rs. 3,99,24,58,779/- as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rum, in order to keep the issue alive, the panel upholds the conclusion of the AO, following its decision in the earlier A. Y." 3.3 The Ld. AO in his final assessment order dated 22.09.2023 confirmed the impugned additions. 4. Aggrieved, the assessee is in appeal before the Tribunal and ground Nos. 2, 3 and 4 relate thereto. 5. At the outset of the hearing, the Ld. AR submitted that the issues raised by the assessee in ground Nos. 2, 3 and 4 under consideration are squarely covered by the decision of the Co-ordinate Bench of the Tribunal in assessee's own case for the assessment years 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2017-18, 2018-19 and 2020-21. He submitted that the issues in question are no longer res-integra and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in its decision dated 02.05.2023 in ITA No. 355/Del/2023 for AY 2020-21 in turn relying on its decision dated 31.10.2022 in ITA No. 1464/Del/2022 for AY 2018-19 observed and held as under:- "7. On perusal of material placed before us, we find, this is a recurring issue between the assessee and the revenue starting from assessment year 2010-11. While deciding the issue in assessment year 2010-11, the Tribunal, in ITA No.1740/Del/2015 dated 30.09.2020 has held that the amount received by the assessee from freight/logistic support services cannot be treated as FTS/FIS either under the Act or under treaty provisions. Accordingly, the addition was deleted. Identical view was expressed by the Tribunal while deciding the appeals for sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the amount received towards reimbursement of global account management charges is not in the nature of FTS/FIS. Facts being identical, respectfully following the decision of the co-ordinate benches, we delete the addition made by the assessing officer. Ground raised is allowed." 6.3 With regard to ground No. 4 relating to the addition of Rs. 1,03,04,852/- made by the Ld. AO representing reimbursement of lease line charges received by the assessee treating the same as royalty under the Act as well as India-USA DTAA, the Coordinate Bench of the Tribunal in its decision dated 02.05.2023 in ITA No. 355/Del/2023 for AY 2020-21 in turn relying on its decision dated 31.10.2022 in ITA No. 1464/Del/2022 for AY 2018-19 observed and held under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y decided in favour of the assessee in preceding AYs, the latest being the decision (supra) of the Coordinate Bench of the Tribunal in ITA No. 355/Del/2023 for AY 2020-21 wherein the Tribunal in turn relied upon the favourable decisions of the Coordinate Bench in preceding AYs prior to AY 2018-19. The Revenue has not brought to our notice any change in to facts and circumstances in the year under consideration. The Revenue has also not brought to our notice any other binding precedent on the issues under consideration. We, therefore, respectfully following the decision (supra) of the Co-ordinate Bench of the Tribunal in assessee's own case, the facts being identical as admitted by both the parties, decide ground No. 2, 3 and 4 in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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