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2016 (11) TMI 1647 - HC - Income TaxTP Adjustment - notional interest on delayed collection of consideration on sale of goods to Associated Enterprises - Associated Enterprises to whom the sales were made got on an average a longer period for payment of the sale proceeds as compared to the Non-Associated Enterprises - HELD THAT- Tribunal by the impugned order rendered a finding of fact that the respondentassessee has not charged any interest from third parties i.e. Non Associated Enterprises on delayed payments exceeding more than 300 to 400 days from the sale of goods. Consequently, it holds that once such delayed payment in respect of sale of goods made to third parties carries no interest, then adding of notional interest to delayed payments made by the Associated Enterprises is not called for. As placed reliance upon the order in M/s.Indo Amercian Jewellery Ltd. [2013 (1) TMI 804 - BOMBAY HIGH COURT] wherein similar question was not entertained by this Court on the ground that there is complete uniformity in the act of the assessee therein in not charging interest from Associated Enterprises and Non Associated Enterprises for delay in recovery of its sale proceeds. In the present case also the Tribunal has rendered a finding of fact that the interest is not being charged in case of sales made to Non-Associated Enterprises for delayed payment just as in the case of Associated Enterprises. These finding of fact rendered by the Tribunal is not shown to be perverse in any manner. No substantial question of law
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