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2017 (3) TMI 1723 - AT - Income TaxDisallowance in respect of provision under the head sales promotion,distribution and scheme cost and commitment charges - Held that:- FAA had upheld the disallowance made by the AO on account of sales promotion, distribution and scheme cost and commitment charges, that the assessee had claimed that it was following the same method for last so many years and had complied with the provisions of AS-29.In our opinion provisions can be allowed/disallowed depending upon the facts of the case.The Hon’ble Apex Court in the court of Rotork Controls India (2009 (5) TMI 16 - SUPREME COURT OF INDIA) has laid down the principles about provisions - the matter should be restored back to file of AO for fresh adjudication.He would afford a reasonable opportunity of hearing to the assessee and decide the matter in the light of above judgment of Hob’ble Apex Court. - Decided in favour of assessee for statistical purposes. TP Adjustment - AMp expenses - Held that:- Setting aside the issue to the file of the AO for fresh adjudication.He would afford a reasonable opportunity of hearing to the assessee.Third Ground of appeal raised by the assessee is allowed in part
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