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2012 (5) TMI 208 - ITAT BANGALORETransfer pricing - arm's length price (ALP) - transactions with Associated Enterprises (AEs) - selection of comparable - held that:- The Tribunal in the case of Genisys Integrating Systems (India) (P.) Ltd. had given specific direction to be followed by the Transfer Pricing Officer. - Matter remanded back for denovo consideration. Admission of additional evidence - held that:- the additional evidence would be relevant to consider and decide the case already made out by the Revenue and it is, therefore not a case of tendering of fresh evidence by the department to support a new point or to make out a new case. According to us, the additional evidence filed by the revenue is quite relevant for the purpose of deciding the issue before us and the same, therefore, can be admitted as per rule 29 of Appellate Tribunal Rules, 1963. Capital or revenue expenditure - held that:- The Special Bench in the case of Amway India Enterprises (2008 -TMI - 64346 - ITAT DELHI-C) had laid down various tests to determine whether the expenditure incurred for purchase of computer software is capital or revenue.
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