Allowing the appeals the Court held that the contentions raised by the parties before the court were not raised before the Tribunal. That apart, the decision of the Tribunal was rendered in the year 2007 and the law on the issue had been interpreted by the courts. (CIT v. Yokogawa India Ltd (2017) 391 ITR 274 (SC) Matter remanded to the Assessing Officer to take a fresh decision after opportunity to the assessee and the Revenue, consider the decisions placed before him and proceed to decide in accordance with law. (AY. 2003 -04)