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2014 (1) TMI 172 - AT - Income TaxAddition on account of Arms Length Price Purchases made from Indian branch to its AE Held that:- Following Income-tax Officer, Ward 16(3), New Delhi Versus Tianjin Tianshi India (P.) Ltd. [2011 (5) TMI 669 - ITAT DELHI] - Once the transactions involved are international transactions within the meaning of section 92B(1) of the Act, the Transfer Pricing Provisions have rightly been involved - the issue pertaining to transfer pricing remitted back to the files of the Assessing Officer Decided in favour of Assessee. Disallowance u/s 40(a)(iii) of the Act Delay in deposition of taxes Salaries paid to expatriate employees withheld Held that:- The TDS amount deducted should be paid on or before the due date specified in sub-section (1) of section 139, and if the amount is paid after the due date specified in sub-section (1) of section 139, such sum shall be allowed as deduction in computing the income of the previous year in which such tax has been deducted - this will also apply to deduction u/s. 40(a)(iii) thus, the issue is remitted back to the file of the Assessing Officer - The Assessing Officer shall allow the salary expenditure if the amount of tax deducted at source has been paid on or before the date specified in sub-section (1) of section 139 Decided in favour of Assessee.
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