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2013 (8) TMI 442 - ITAT MUMBAIDetermination of the Arm's length price - TPO made addition on account of difference of Arm's length price - Held that:- The adjustment, if any, should be limited to the AE transactions - even applying the mean margin taken by TPO, the difference in the ALP would be much less than 5% of the AE transactions - Decided in favour of assessee. Disallowance under section 43B - Held that:- disallowance under section 43B cannot be made even in respect of employees contribution if the same is paid before due date of filing the return - no part of Provident Fund can be disallowed whether it relates to employees contribution or employers contribution, if the payment is made before due date of filing the return. Here it is the case of the assessee that all the payments have been made before the due date of filing the return. To verify such contention of the assessee the matter is restored back to the file of AO with a direction that if the payments are made before due date of filing the return no disallowance should be made - Decided in favour of assessee.
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