Constitution of an ‘AOP’ to be examined in view of principles laid by ‘Linde AG’; HC sets aside adva

IT/ILT: The AAR in the case of petitioner held that the consortium of petitioner ('CTCI') and CINDA constituted an AOP. The Advance Ruling [CTCI Overseas Corporation Ltd., In re [2012] 18 taxmann.com 45(AAR-New Delhi)] was set aside by the High Court with a direction that constitution of AOP in this case was to be examined on basis of principles laid down by the Delhi High Court recently in the case of Linde AG, Linde Engineering Division v. Dy. DIT [2014] 44 taxmann.com 244 (Delhi)