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2018 (7) TMI 2215 - HC - Income TaxAddition of income-tax paid by the assessee-company on behalf of an expatriate employee - HELD THAT:- Agreement between the Assessee and the Employee Mr.Prakash Bare, contemplates that the income tax liability on the salary to be paid to the employee Mr.Prakash Bare, shall be borne by the company and this contractual liability agreed upon by the assessee is liable for deduction u/s.37 of the Act. No prohibition in law is pointed out by the learned counsel for the Revenue to deduct the expenditure towards the contractual income tax liability paid by the assessee as an allowable expenditure u/s.37. See TATA YODOGAWA LTD. VERSUS COMMISSIONER OF INCOME-TAX [2010 (9) TMI 715 - JHARKHAND HIGH COURT]. TP Adjustment - comparable selection - HELD THAT:- This Court in a recent judgment in Softbrands India Pvt. Ltd [2018 (6) TMI 1327 - KARNATAKA HIGH COURT] has held that in these type of cases, unless an ex-facie perversity in the findings of the learned Income Tax Appellate Tribunal is established by the appellant, the appeal at the instance of an assessee or the Revenue under Section 260-A of the Act is not maintainable.
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