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 Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate
 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court

M/s. ERM India Pvt. Ltd. Building No. 10, 3rd Floor Tower-B, DLF, Cyber City Phase-II, Gurgaon. Vs. National e-assessment Centre, New Delhi.
September, 29th 2021

This is an appeal by the assessee being aggrieved by the Assessment Order dated 26.03.2021 pursuant to the directions dated 17.11.2020 of the Dispute Resolution Panel -I, New Delhi (for short hereinafter called “Ld. DRP”) for the assessment year 2016-17.

Brief facts of the case are that the assessee is a company and was 2 engaged in the business of consulting in the field of an environmental, health and safety, social land and natural resources management. For the assessment year 2016-17, they have filed a return of income on 30/11/2016 declaring an income of Rs.10,02,95,050/-. Noting that the assessee company made international transactions with the Associated Enterprises (“AEs”), the determination of arm’s-length price was referred to the Ld. Transfer Pricing Officer (“Ld. TPO”). By order dated 28/10/2019, Ld. TPO suggested to enhance the income of the assessee by Rs.2,10,22,69/-on account of interest on receivables from the AEs. After hearing the assessee, learned Assessing Officer passed the draft assessment order on 21/12/2019 under section 144C of the Income Tax Act, 1961 (for short “the Act”)

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