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Section 263 Set Aside as AO’s View on Repairs Was Plausible and Not Prejudicial to Revenue

Case Law Details

TaxGuru Citation
2025 taxguru.in 11986
Case Name
UBS Business Solutions (India) Pvt. Ltd. Vs PCIT (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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UBS Business Solutions (India) Pvt. Ltd. Vs PCIT (ITAT Pune)

ITAT Pune Quashes 263: Cost-Plus Model Saves ₹21 Cr Repairs from Revision- 263 Fails Basic Test—Plausible AO View & Captive TP Model Protect Assessment

Assessment u/s 143(3) r.w.s 144B was completed on 06.09.2022. PCIT initiated revision u/s 263 alleging that the AO had not verified whether repairs & maintenance expenditure of ₹21,02,01,617—including items like headsets, mouse, tiles, computer peripherals, & minor furniture—was capital in nature, & that the high proportion of repairs required deeper scrutiny. PCIT further relied on accounting policy disclosures & Form 3CEB to conclude that AO failed to enquire into short recovery of expenses from AEs.

Assessee argued that the case was selected under CASS only for 80G & refund verification, & both issues were fully examined in assessment. All details of repairs were filed before PCIT. It was also shown—supported by Transfer Pricing Report & P&L account —that the company is a 100% captive service provider, & entire operating cost is billed to AEs on cost + 14.5% markup. Therefore, any disallowance of expenditure would reduce markup income & cannot be prejudicial to Revenue—a point to which DR had no answer when specifically questioned by Bench.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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