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All ITAT

Bright-line test for TP adjustment on AMP expenditure is unsustainable in law

December 25, 2021 6660 Views 0 comment Print

Timex Group India Ltd. Vs ACIT (ITAT Delhi) Brief facts of the case are that the assessee is a company engaged in the business of manufacture, trading, sale and servicing of quartz, analogue and digital watches and watch components; manufacture and sale of plastic components, tools and moulds; and rendering information technology and financial support […]

ITeS’ functionally not comparable to Knowledge Process Outsourcing

December 25, 2021 1938 Views 0 comment Print

The assessee company provides back office support services to AEs with the help of tools, infrastructure and training provided by the AEs which is different than the functions of the KPO.

ITAT deletes addition for royalty – Dabur India gets relief

December 25, 2021 1599 Views 0 comment Print

Dabur India Ltd. Vs ACIT (ITAT Delhi) We have heard both the parties and perused the relevant material available on record. As regards to agreement with Dabur Nepal Pvt. Ltd. Nepal, it is pertinent to note that the issue stands covered in favour of the assessee by the order of the Tribunal in the asssessee’s […]

ITAT deletes addition for Retention money kept with Electricity Board

December 24, 2021 1356 Views 0 comment Print

Lumino Industries Ltd. Vs ACIT (ITAT Kolkata) Retention money kept with the Electricity Board which would be released latter only once the assessee fulfills all the obligations under the contract then only the assessee would acquire the right to receive such retention money so this is contingent in nature, so the amount in question cannot […]

Conflicting judicial opinion – No adjustment U/s. 154 can be made 

December 24, 2021 1116 Views 0 comment Print

Nikhil Mohine Vs DCIT (ITAT Jabalpur) Sec. 43B(b) does not include the employee contribution, and even regarding so is to no avail, rendering the Explanations under reference, even as suggested by their express language, explanatory. An examination of the Notes on Clauses to, and the Memorandum explaining the Provisions of, Finance Bill, 2021, however, resolves […]

Amended provisions related to deduction for ESI/PF applicable from AY 2021-22

December 24, 2021 5640 Views 0 comment Print

Abhimanyu Sharma Vs ITO (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act and therefore, the legal proposition laid down in aforesaid […]

AE cannot be considered as comparable as it lacks independent nature of uncontrolled transaction

December 24, 2021 744 Views 0 comment Print

An associate enterprise itself would not to be taken as a comparable since lacking the independent nature of an uncontrolled transaction in forming hallmark of Chapter X of the Act. We thus delete the impugned arms length price adjustment on receivables for this precise reason alone.

Amendment to Section 36(1)(va) by Finance Act, 2021 applies to AY 2021-22 & subsequent AYs

December 23, 2021 5766 Views 0 comment Print

Jai Enterprises Vs DCIT (ITAT Jaipur) In the  instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R has referred to the explanation […]

Allowability of employees’ contribution to PF & ESIC paid after due date

December 23, 2021 10830 Views 0 comment Print

Star Facilities Management Limited VS ITO (ITAT Delhi) he only question to be decided in the grounds raised by the assessee is regarding the allowability of employees’ contribution to PF and ESI if deposited after the due date prescribed under the relevant Act, but, before the due date of filing of return of income u/s […]

Delayed payments of employee’s contribution to PF/ESIC allowable for AY 19-20 if deposited before filing of return U/s. 139(1)

December 23, 2021 3528 Views 0 comment Print

Pachouli Wellness Clinic LLP Vs ITO (ITAT Delhi) It is not in dispute that the payments on account of PF/ ESI were made by the assessees after due date prescribed under the respective acts, but before due date of filing of return under the I.T. Act. The Ld. Sr. DR has also not contradicted the […]

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