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2015 (9) TMI 426 - AT - Income TaxRectification of mistake - Non-reduction of the management fees offered to tax - CIT(A) directing AO to reduce the management fee offered to tax by the Appellant in its return of income in respect of direct sales by the Head Office - Held that:- As per Para 42 of the order the fact which remains uncontroverted by the revenue authorities and the DR are that the assessee in the year under consideration was covered under the TP regulations and in those proceedings, the factum of management fee has dealt with extensively and in the process, the TPO found the receipt of management fee by the India Branch from SJMH related to services provided to both SJMI & SJMH. It is evident from the accounts submitted before the AO, because in the Profit & Loss Account submitted, it showed the receipt of ₹ 9,60,57,310/- which included ₹ 79,20,240/- under the head management fee for marketing support at ₹ 79,20,240/-. Para 44 of the order read as: - “44. We, therefore, are of the opinion, that all the requisite details were placed before the AO, along with the return on income, which based the computation of returned income on receipts related to services provided to both SJMH and SJMI Since the absence of the missing words would affect the basic structure of the order, wherein, we had deleted the addition of ₹ 1,76,87,465/-, we accept that the above pointed inadvertent mistakes are patent and qualify to be rectified.
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