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2015 (9) TMI 1547 - AT - Income TaxTPA - selection of comparable - Held that:- The assessee is a products development company and has developed innovative product lines, thus companies Functionally different and diversified operations with that of assessee need to be deselected from final list of comparable. Expenditure incurred on computer spare parts and consumables - nature of expenditure - Held that:- RAM is a frequently replaceable part of the computer and does not have any enduring benefit to assume the character of a capital expenditure and hence we allow the same. See CIT v/s Southern Roadways [ 2007 (6) TMI 193 - MADRAS HIGH COURT ] TDS u/s 194C - Non deduction of tds - disallowance of payment made to Club Cabana and Golden palms and for business training and conference expenses u/s. 40(a)(ia) - Held that:- As in the case of East India Hotels Ltd. v. CBDT [2009 (3) TMI 8 - BOMBAY HIGH COURT] wherein it was held that services rendered by hotel to its customers by making available certain facilities/amenities like providing multilingual staff, 24 hour service for reception, telephones, select restaurants, bank counter, beauty saloon, barber shop, car rental, shopping centre, laundry/valet, health club, business centre services, etc. do not involve carrying out any work which results into production of the desired object and, therefore, would be outside the purview of section 194C of the Act. Thus we are of the opinion that payment made to Club Cabana and Golden Palms are outside the purview of section 194C of the act. The appeal on this issue is allowed.
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