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2014 (6) TMI 469 - AT - Income TaxDifference in ALP determination - Transfer pricing adjustment - Incentive expenditure offered as discount need to be excluded from TP adjustment - the AMP attributable expenditure which is the amount received from AE, YMC, Japan by way of reimbursement and allowed by the TPO - Expenditure incurred on dealers meet cannot be held as advertisement expenses. Selection of Comparables – Held that:- comparables of Scooters India Ltd., is to be excluded for bright line test as it deals in manufacturing of three wheelers only & not 2 wheelers – also, comparables - LML Ltd. and Kinetic Motor Co. Ltd. should not have been excluded as they operate in the same field of manufacturing 2 wheelers, as done by assessee - the entire TP adjustment will stand deleted. Depreciation on computer peripheral – Held that:- Following COMMISSIONER OF INCOME TAX Versus BSES YAMUNA POWERS LLD. / BSES RAJDHANI POWERS LTD. [2010 (8) TMI 58 - DELHI HIGH COURT] - Computer accessories and peripherals such as, printers, scanners and server etc. form an integral part of the computer system -- the computer accessories and peripherals cannot be used without the computer - they are the part of the computer system, they are entitled to depreciation at the higher rate of 60% - Decided in favour of Assessee.
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