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Transfer Pricing: Only functionally comparable companies can be compared for calculating ALP

December 22, 2015 1225 Views 0 comment Print

ITAT held in Acclaris Business Solutions Lvt Ltd. Vs I.T.O that only those companies could be compared for calculating ALP which were functionally similar. Those companies which were not performing similar functions could not be compared for calculating ALP.

For ALP of AMP, Comparable company performing similar function and cost plus method should be adopted

December 22, 2015 1355 Views 0 comment Print

ITAT held in Haier Appliances India Ltd Vs DCIT and Haier Appliances India Ltd Vs ACIT after relying on the case of Sony Ericsson Mobile Communications India Pvt Ltd reported in (2015) 374 ITR 118 (Delhi) that the above transaction of AMP

No disallowance u/s 43B for unpaid sales tax liability shown as contingent liability

December 22, 2015 5328 Views 0 comment Print

ITAT Delhi held In the case of DCIT vs. M/s. Escorts Construction Equipment Ltd. that we find that this amount represents unpaid sales tax liability and the same was disclosed itself by the assessee as a contingent liability.

Transfer Pricing adjustment has to be confined to transactions with Associated Enterprises only

December 22, 2015 1027 Views 0 comment Print

CIT Vs. V/s. M/s. Thyssen Krupp Industries India Pvt. Ltd. (Bombay High Court) In terms of Chapter X of the Act, redetermination of the consideration is to be done only with regard to income arising from International Transactions on determination of ALP.

Mere making an incorrect claim does not tantamount to furnishing inaccurate particulars

December 22, 2015 1180 Views 0 comment Print

ITO Vs M/s Citizen Scales (I) P. Ltd. (ITAT MUMBAI)-The Assessing Officer imposed penalty u/s 271(1)(c) of the Act. We note that in para 4 of the assessment order it has been categorically recorded that there was a mistake in computation of book profit and the same was pointed out by the Assessing Officer

6% Discount on sale to independent customers resulting in increase in sales cannot be said to be excessive or unreasonable

December 22, 2015 541 Views 0 comment Print

The assessee in the present case is a Company, which is engaged in the business of trading in jewellery. The return of income for the year under consideration was filed by it on 01.11.2004 declaring a loss of 1,81,69,142/-.

Transaction cannot be doubted for mere non-prosecution of original document

December 22, 2015 496 Views 0 comment Print

ACIT Vs M/s. Tirupati Enterprises (ITAT KOLKATA) We hold that merely for non-prosecution of original document before the Assessing Officer during the remand proceedings, the transaction per se cannot be doubted with when the Xerox copies with supporting documents were duly furnished before the Assessing Officer.

Addition cannot be made for mere non-submission of Purchase Bill

December 22, 2015 1630 Views 0 comment Print

M/s. Palco Distributors Vs. JCIT (ITAT Kolkata) Only premise of the AO for making addition is that assessee could not produce purchase bills for a sum of Rs.21,72,083/- having 526 items. We find that the items are properly recorded means the assessee has explained the source of acquisition

Deduction u/s 54F may be claimed for deposits in capital gain scheme made up to date of return u/s 139(4)

December 22, 2015 1258 Views 0 comment Print

ITAT Chandigarh held In the case of ACIT vs. Ms. Harjinder Dhiman that time limit for deposit in capital gains scheme is to be taken as due date of filing of return of income u/s 139(4). In the instant case, the sale proceeds were deposited in the capital gains scheme on 05.02.2009

S. 11 Running Allopathic hospital is conducive to the object of Trust to provide treatment under Ayurvedic system

December 22, 2015 687 Views 0 comment Print

ITAT Delhi held In the case of JDIT vs. Mool Chand Kharaiti Ram Trust that Merely because, running of an Allopathic hospital is not specifically mentioned, it does not necessarily mean that the same would be ultra vires the objects

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