J.SUDHAKAR REDDY, U.B.S.BEDI
Right Tunnelling Co. Ltd. – Appellant
Versus
ADIT Circle-2(1), (International Taxation), New Delhi – Respondent
J.Sudhakar Reddy, Accountant Member - All these appeals are filed by the sseessee and pertain to Assessment Years 2005-06, 2006-07, 2007-08 and 2008-09. ITA 3342/Del/2010, 3343/Del/2010 and 3400/Del/2010 are directed against a common order passed by Ld. CIT(A)-XXIX New Delhi dated 23.03.2010 for the Assessment Years 2005-06, 2006-07 and 2007-08. ITA 5188/D/2011 is filed against the order passed by the AO u/s. 144C r.w.s. 143(3) pursuant to and in compliance of the directions issued by the DRP - II, New Delhi vide order dated 02.09.2011 u/s. 144C(5) of the Act. As the issues arising in all these appeals are common, for the sake of convenience, they are heard together and disposed off by way of this common order.
2. Facts in brief: - The assessee is a tax resident of Thailand. It is engaged in the execution of DKOL damn hydroelectric power project of NTPC as a sub-contractor of Italian Thailand development company ltd, Thailand(hereinafter referred to as ITDL). It has filed its returns of income regularly.
3. The first issues that arise for our considerations for the AY 2005-06 is allowability of expenses incurred by the HO, which is located in Thailand, for the Indian project. Th
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