Pr. Commissioner Of Income Tax -7 Delhi v. Power Machines India Ltd.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 160/2017, CM APPL.6428/2017 PR. COMMISSIONER OF INCOME TAX -7 DELHI ..... Appellant Through:

Ms.

Vibhooti Malhotra, Jr.

Standing Counsel.

versus POWER MACHINES INDIA LTD.

..... Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 17.02.2017 The Revenue claims to be aggrieved by the order of the Income Tax Appellate Authority (ITAT) in its appeal under Section 260A and contends that the amounts added under Section 40(a)(i) of the Income Tax Act, 1961 were wrongly deleted. At the outset it is pointed out that in the assessee's case, for previous years, an identical issue had arisen in respect of similar payments made to the same foreign entity, i.e., a Russian banker, towards bank guarantee commission. The Court had refused to frame the question of law upholding the order of the ITAT (see order in ITA399-400/2016 and connected cases - Principal Commissioner of Income Tax-7 v. Power Machines India Ltd., decided on 28.07.2016). Consequently no substantial question of law arises; the appeal is, therefore, dismissed. S. RAVINDRA BHAT, J V. KAMESWAR RAO, J FEBRUARY 17, 2017/vikas/