Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1845 - AT - Income TaxTPA - MAM selection - comparable selection - HELD THAT:- In assessee’s own case for Assessment Years 2009-10 and 2010-11 [2018 (4) TMI 688 - ITAT BANGALORE] the matter was restored back to the file of CIT(A) for examining the correctness of ALP at the entity level by applying the TNMM as the most appropriate method by aggregating the transactions. In the present year, the matter has come to the Tribunal against the assessment order because the assessee preferred to chose the DRP route and not CIT(A) route. Therefore, by respectfully following this Tribunal order in assessee’s own case for earlier years, we set aside the assessment order on this issue and restore the matter back to the file of DRP for fresh decision with similar directions as were given by the Tribunal in earlier years as per Tribunal order reproduced above. Accordingly, ground nos. 1 to 5 of assessee’s appeal are allowed for statistical purposes. Nature of expenditure - software expenses - revenue or capital expenditure - HELD THAT:- Issue regarding TP adjustment is going back to the file of DRP, we feel it proper that this issue also should go back to the file of DRP for fresh decision because as per the DRP, necessary evidence was not brought on record but the ld. AR of assessee submitted that the evidence were furnished before the authorities below but these were not considered. Be that as it may but in the interest of justice, we set aside the assessment order on this issue also and restore it back to the file of DRP for fresh decision with the direction that the assessee should furnish the evidences in this regard before DRP and after considering the same, the DRP should decide the issue afresh after providing reasonable opportunity of being heard to both sides. Addition u/s 36(1)(va) - HELD THAT:- DRP of its directions held that assessee placed reliance on the judgment of EssaeTeraoka (P.) Ltd. Vs. DCIT [2014 (3) TMI 386 - KARNATAKA HIGH COURT] and case of CIT Vs. Sabari enterprises [2007 (7) TMI 169 - KARNATAKA HIGH COURT] approved by the Hon’ble Apex Court in the case of CIT Vs. Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] . We delete this disallowance by respectfully following these three judgements
|