Gujarat High Court
M/S Bosch Rexroth (India) Ltd vs Income Tax Officer, Ward 1(1)(3) on 30 January, 2024
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/TAXAP/29/2024 ORDER DATED: 30/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 29 of 2024
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M/S BOSCH REXROTH (INDIA) LTD.
Versus
INCOME TAX OFFICER, WARD 1(1)(3)
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Appearance:
MR B S SOPARKAR(6851) for the Appellant(s) No. 1
MR.VARUN K.PATEL(3802) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 30/01/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned advocate Mr.
B.S.Soparkar for the appellant and learned
Senior Standing Counsel Mr. Varun Patel
with learned advocate Mr. Dev D. Patel for
the opponent.
2. This Tax Appeal is filed under Section
260A of the Income Tax Act, 1961 (for
short 'the Act') raising following
substantial questions of law arising out
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C/TAXAP/29/2024 ORDER DATED: 30/01/2024
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of the judgment and order dated 31.05.2023
passed by the Income Tax Appellate
Tribunal, Surat (for short 'the Tribunal')
in IT(TP)A. No.930/Ahd/2015 for the
Assessment Year 2010-11:-
Whether the Income Tax Appellate
Tribunal has erred in law and on
facts in confirming the upward
adjustment of Rs.
52,91,667/- in relation to the
transaction of payment of Guarantee
fees to the AE?
3. Learned advocate Mr. B.S.Soparkar at
the outset submitted that the Income Tax
Appellate Tribunal, "D" Bench, Ahmedbad by
order dated 24.01.2024 passed in Misc.
Application No. 85/Ahd/2023 in IT (TP)A
No. 930/Ahd/2015 for assessment year 2010-
11 has recalled the impugned order by
observing as under:
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"4. We heard both the parties, and
gone through the impugned order of
the Tribunal passed in ITA No.
930/Ahd/2015 dated 31.05.2023. We
find merit in the contentions of
the ld.Sr. Counsel that the issue
of adjustment of Rs. 52,91,667/-
in relation to the international
transaction of payment of
guarantee fees to AE as raised in
ground No. 4 require a re-
consideration in view of the
submissions of the assessee that
in a comparable case for the
earlier year i.e. Asst. Year 2009-
10, the Tribunal had deleted the
similar addition made by the
AO/TPO. This plea of the assessee
was not taken into account by the
Tribunal while rejecting the claim
of transfer pricing adjustment of
Rs. 52,91,667/- in respect of
guarantee fees in the present
assessment year. This seems to be
a mistake apparent from the
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C/TAXAP/29/2024 ORDER DATED: 30/01/2024
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impugned order, which requires to
be recalled and re-adjudicated
upon. Therefore, finding merit in
the contentions of the assessee,
we recall the order of the
Tribunal qua ITA No. 930/Ahd/2015
dated 31.05.2023 to the limited
purpose of re-adjudicating the
ground No. 4 only."
4. It was therefore, submitted that in
view of above, Tax Appeal would not
survive.
5. The Tax Appeal is accordingly disposed
of having become infructuous.
(BHARGAV D. KARIA, J)
(NIRAL R. MEHTA,J)
JYOTI V. JANI
