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Application before AAR can’t be rejected just because same issue was pending assessment of prior AYs

February 23, 2021[2021] 124 458 (AAR - New Delhi)

INTERNATIONAL TAXATION : Where applicant, a company incorporated in Taiwan which is engaged in business of engineering, procurement and construction of petroleum, petro-chemical, power plant, gas plant and other contracts related to infrastructure facilities, is awarded a contract by an Indian company DLTPL and applicant approached AAR to know as to whether amounts received/receivable by applicant from DLTPL for offshore supply of equipment and materials, etc., under contract for engineering, procurement, construction and commissioning of regas facilities for LNG import, storage and regasification terminal at India, are liable to tax in India, but revenue submitted that questions raised in application were already pending before Income-tax Authority in assessment proceeding for assessment years 2014-15 and 2015-16, since question raised in present application is in respect of contract with DLTPL dated 6-9-2018, which would not have been pending in assessment years 2014-15 and 2015-16 as relevant assessment year for this contract is assessment year 2019-20 objection of revenue regarding pending proceeding is not found correct and, thus, application is admitted under section 245R(2)

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