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2012 (12) TMI 574 - AT - Income TaxDisallowance of quantity discount u/s 40A(2)(b) - the dispute is for free cells and not trade discount. - the free cells scheme is on the basis of sales at the point of stokist and, therefore, details of free cells passed on to various stokists is necessary to determine whether free cells were actually passed on or not. Regarding this argument of the assessee that distribution of free cells is by way of quantity discount and, therefore, the same is not covered u/s 40A(2b), - held that:- it was decided by Ld. CIT(A) that the assessee has claimed costs in respect of distribution of free cells in the P & L account and, therefore, it amounts to claim of expenses. - Decision of CIT(A) confirmed. - Decided against the assessee. Disallowance of royalty of Rs.4,45,53,651/- by invoking the provisions of Section 40A(2b) - TPO has made addition on account of payment of royalty on the ground that the assessee did not provide details of cost of development of technology by the separate enterprise and the information relating to payment of royalty by other group companies. - held that:- the claim of assessee is not correct that those documents were furnished by the assessee before Ld. CIT(A) and before us also, these documents are not submitted by way of compliance of the relevant Tribunal rules and, therefore, the same are not admitted - Decided against the assessee. Deduction u/s 80IB - assessee failed to file mandatory form No. 10CCB with the return of income - held that:- even if it was a procedural requirement and the assessee could not submit the same along with return of income for any reason, there could not be any reason for non-submission of the same before the completion of the assessment proceedings and the assessee in the present case has not submitted the same even during assessment proceedings. - Decided against the assessee. Computation of eligible profit - reduction of interest on overdue customers and on staff loan - held that:- if deduction is not allowable to the assessee u/s 80-IB, individual item of income is not required to be examined for eligibility of deduction u/s 80-IB - Decided in favor of assessee.
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