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2018 (6) TMI 1231 - AT - Income TaxDisallowance of car running and maintenance expenses - Held that:- Insofar as the continuity of these facts over the years is concerned, revenue does not dispute the same. When the facts continue to be similar, we do not find any reason to take a different view. We, therefore, respectfully following the consistent view taken by the tribunal for the assessment years 2006-07 to 2008-09 answer the issue in favour of the assessee and a direct the AO to delete the addition made on account of disallowance of car running and maintenance expenses. Additional amount being offered to tax in the written of income erroneously - Held that:- Inasmuch as factual verification is necessary on this aspect, we direct the AO to verify whether the assessee had reversed the provision to the extent of ₹ 2,04,88,269/-in the financial year 2007-08 itself, but by mistake of the automatically procedures reversed the entire amount of ₹ 4,09,81,176/-thereby an additional amount of rupees ₹ 2,04,88,269/-was offered to tax erroneously, and to pass order in accordance with law. These grounds are, accordingly are restored to the file of the Ld. AO for the purpose of verification and passing orders a fresh. Benchmarking of 'Provision Of Market Support Services' (MSS) - Comparable selection - Held that:- As a matter of fact even for the assessment year 2008-09 Ld. DRP recorded that for preceding years also it was held that the services rendered by the assessee were not high-end ones, as such Ld. DRP accepted the view taken for the earlier years and held for the assessment year 2008-09 that the services rendered by the assessee was not of high-end. It is not the case of the revenue that such a finding of fact was disturbed by any appellate authority. Such a finding of fact has attained finality - company M/s. Basiz Fund Services Private Limited is functionally dissimilar to the assessee inasmuch as such a company is involved in the fund accounting services, possessing significant intangible assets, the different employees profile, very significant growth in the revenue at 57.61% and earning of profits at 46.75% at supernormal level.company M/s. Basiz Fund Services Private Limited is functionally dissimilar to the assessee inasmuch as such a company is involved in the fund accounting services, possessing significant intangible assets, the different employees profile, very significant growth in the revenue at 57.61% and earning of profits at 46.75% at supernormal level.
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