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2020 (11) TMI 1057 - AT - Income TaxTaxability of Education cess - As submitted that, education cess is not tax and hence is not disallowable - HELD THAT:- As rely on the judgment of Hon'ble Rajasthan High Court in the case of Chambal Fertilizers and Chemicals Ltd. v. Jt. CIT [2018 (10) TMI 589 - RAJASTHAN HIGH COURT], which after taking into account aforementioned CBDT circular held that section 40(a)(ii) applies only to taxes and not to education cess - we allow the additional ground raised by assessee TP Adjustment - comparables alleged for inclusion/exclusion by assessee as well as revenue under engineering design services segment- HELD THAT:- Assessee has been categorised to be rendering engineering design services with the help of software developed by its AE as a captive service provider, thus companies functionally dissimilar with that of assessee need to be deselected.
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