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2012 (12) TMI 406 - AT - Income TaxDisallowance the share of apportionment of total expenses by HO Assessee is a branch of a foreign company as PE in India having HO in U.K manufacturing of pharmaceutical products Share of laboratory expenses incurred by HO was apportioned on the basis of sales ratio to Indian branch AO observed that since the R&D is centralized by the HO in U.K.& R&D matters are connected with executive and general administration Held that:- As the assessee has also filed financial statements to show that the UK based HO has shown executive or general administration expenditure as indicated in Sec. 44C separately. Therefore, the assessee has proved beyond doubt that the expenses claimed on the laboratory expenses did not include any executive or general administration expenses. Since all these details were already filed by the assessee before the A.O. and the ld. CIT(A) and the Revenue Authorities without examining the same or without pointing out any item of disallowable nature to show that the said item of expense did not pertain to laboratory expenses. Therefore appeal decides in favour of assessee
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