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2013 (5) TMI 905 - ITAT DELHIComputation of Arm's Length Price - Method adopted for the computation - payment of management fees - Held that:- Assessee does not have any technical employee possessing experience to carry out product design and development therefore entered into an agreement with AE for management services wherein the AE agreed to provide product development related services to the appellant - assessee applied the TNMM as the most appropriate method - significant services which are critical to the business of the appellant were provided by the AE and the TPO was unjustified in determining the arm's length price of such services at Nil applying the CUP method - assessee collected the additional evidence from its AE to support the ALP - consideration of these additional evidences is necessary for proper adjudication of the matter - thus AO shall consider these grounds afresh, in light of the additional evidences - Remanded back for statistical purposes Disallowance of administrative charges u/s. 40A(2) - services such as IT services, Accounting Services, financial and taxation services etc - Held that:-evidences are being placed on record by way of additional evidences to demonstrate the fact that entire administrative and marketing support services, required for the business of the appellant, were, in fact, being performed by Talbros - thus additional evidences, is necessary for proper adjudication of the issue - hence the additional evidences are admitted and the case is remitted back to AO to consider the issue afresh - Remanded back for statistical purposes
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