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2014 (1) TMI 77 - AT - Income TaxDisallowance made u/s 144C(5) of the Act - Transfer pricing adjustment - Management fees paid to its Associated Enterprise (AE) – Held that:- The assessee has filed additional evidence which was not available before the authorities below - The assessee has forcefully contended that this new material which has been collected by the assessee subsequent to the orders and this is a material evidence in support of the assessee's claim to show that the payment of management fee was paid by the assessee against the service rendered by the AE - order set aside and the matter remitted back to the record of the Assessing Officer/ TPO for verification and examination of the fresh evidence filed by the assessee. Disallowance of claim u/s 40(a)(ia) of the Act – Held that:- There are conflicting observations by DRP & AO on the aspect - the factual aspect requires verification whether the expenditure in question pertains to the assessment year 2005-2006 or to the assessment year under consideration and whether the same were disallowed in the assessment year 2005-06 for want of deduction of tax at source - order set aside and the matter remitted to Assessing Officer for limited purpose of verification – Decided in favour of Assessee.
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