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2013 (12) TMI 1539 - AT - Income TaxClaim of the assessee for relief u/s. 10A/10AA - Held that:- Set aside the order of the AO in this regard and remand the issue to the AO for fresh consideration in the light of the evidence filed by the assessee and in the light of the ultimate outcome of the assessee's claim for deduction u/s. 10A/10AA of the Act. The assessee will be at liberty to file additional evidence to substantiate its case Credit for tax deduction at source - Held that:- The issue should be examined afresh by the AG in the light of the subsequent instruction of CBDT on the issue relied upon by the learned counsel for the assessee. The assessee is directed to make the necessary application before the AO in this regard with supporting evidence, which according to the assessee has already been furnished to the AO. The AO is directed to examine the claim of the assessee in the light of the instruction referred to above. The assessee is also at liberty to furnish such further evidence as may be necessary or called for by the AO. As hold by the Hon'ble Bombay High Court in the case of Yashpal Sahini (2007 (7) TMI 7 - HIGH COURT , BOMBAY), the revenue will be precluded from recovering taxes/amounts as evidenced by the TDS certificates filed by the assessee before the AO, till completion of due verification by the AO. TPA - selection of comparables - Held that:- Assessee predominantly functions as a provider of information technology (IT) products and services, inter alia undertaking export of software services and trading activities. The Assessee's primary business segments consist of export services, trading and leasing of company's products. The export services comprise of Global Business Services are) Application Management Services The trading segment offers a broad range of products from entry level, mid-range to high-end servers and main frames, presenting the best technology and practices to support e-business infrastructure requirements. The IBM Global Financing (IGF) segment providers flexible and attractive financing and leasing programmes to fund the IT requirement of India customers, thus companies functionally dissimilar with that of assessee need to be excluded from the final list of comparable.
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