DCIT, New Delhi M/s Expeditors International (India) P. Ltd., New Delhi

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI
BENCH ‘I-2’, NEW DELHI

BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER
AND SH. KULDIP SINGH, JUDICIAL MEMBER
 

(THROUGH VIDEO CONFERENCING)
ITA No.2128/Del/2011 (for Assessment Year 2005-06)

DCIT
Circle – 11(1),
Room No.312,
C.R. Building, New Delhi
PAN No. AAACE 1795 K
(APPELLANT) 

Vs. 

Expeditors International
(India) Pvt. Ltd.,
No.6, Ground Floor,
Sector – C,
Pocket – 8 CSC, Vasant
Kunj, New Delhi - 110070
(RESPONDENT)

Assessee by Shri Deepak Chopra, Adv
Shri Rohan Khare, Adv
Shri Harpreet Singh, Adv
Revenue by Shri Ajit Kumar Singh, CIT-DR

Date of hearing: 07/12/2020
Date of Pronouncement: 17/12/2020

ORDER

PER ANIL CHATURVEDI, AM:

This appeal filed by the Revenue is directed against the order dated 10.03.2011 of the Commissioner of Income Tax (A)-XX, New Delhi relating to Assessment Year 2005-06.

2. The relevant facts as culled from the material on records are as under :

3. Assessee is a company which is stated to be engaged in the business of supplying chain management, logistics and freight forwarding related to movement of goods and cargo within and outside India by road, rail, air or ship.

4. Assessee filed its return of income for A.Y. 2005-06 on31.10.2005 declaring total income of Rs.8,27,99,420/-. The case was selected for scrutiny and notice u/s 143(2) was issued and served on the assessee. The AO noticed that assessee had entered into International Transactions during the year under consideration which required the determination of Arm’s Length Price (ALP). He accordingly made reference to TPO u/s 92CA(3) of the Act. The TPO vide order dated 14.10.2008 passed u/s 92CA(3) worked out the value of international transaction at Rs.13,59,65,489/- and accordingly directed the AO to enhance the income of the assessee to that extent. The AO, thereafter in the order dated 19.12.2008 passed u/s 143(3), apart from making other additions, also made addition on account of understatement of ALP as suggested by TPO and determined the total income of Rs. 26,57,28,850/-. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) who vide order dated 28.02.2011 in Appeal No.79/09-10 CIT(A)-XX allowed the appeal of the assessee. Aggrieved by the order of CIT(A), Revenue is now in appeal before us and has raised following grounds:

To know more in details find the attachment file