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2019 (5) TMI 92 - AT - Income TaxDisallowance u/s 14A r/w rule 8D - HELD THAT:- As in assessee’s own case for assessment year 2006–07 we restore the issue to the file of the Assessing Officer to verify assessee’s claim that in the facts of assessee’s case, disallowance u/s 14A can be reasonably be computed @ 5% of the exempt income earned during the year. AO must decide the issue after due opportunity of being heard to the assessee. - Ground is allowed for statistical purposes. Addition towards publicity expenses by the assessee - HELD THAT:- Identical issue arising in assessee’s appeals for assessment year 2003–04 and 2004–05 was decided in favour of the assessee by the first appellate authority. Therefore, following the aforesaid decisions, he deleted the disallowance made by the Assessing Officer. TP Adjustment - determination of arm's length price of advertisement and publicity expenses, as raised in additional grounds - HELD THAT:- The advertisement and publicity expenses whether is an international transaction and it at all it is so, what should be the arm's length price of the transaction requires verification of primary facts which, as per AO’s own version, is neither available in Form no.3CEB report nor in the course of proceedings before the Transfer Pricing Officer - the issues raised in additional grounds require verification / investigation into fresh facts which are not available on record - as noticed that identical additional grounds were raised by the Department before the Tribunal in the appeal filed in assessee’s own case for assessment year 2006–07. Accrual of income - addition on account of commission income - HELD THAT:- Issue to be decided in favour of assessee as relying on assessee's own case [2009 (3) TMI 990 - BOMBAY HIGH COURT] Depreciation on computer peripherals @ 60% to be allowed as relying on assessee's own case. Addition u/s 68 - HELD THAT:- FAA has factually verified the claim of the assessee and has found that all the details relating to the Cable Operators who have made deposits with the assessee are available on record and have been duly reflected in the books of account of the assessee. Also recorded a finding of fact that not only the deposits were received by cheque but subsequently they have been adjusted/refunded back to the Cable Operators. DR has not controverted the aforesaid factual finding except submitting that Commissioner (Appeals) should have called for a remand report from the Assessing Officer on the submissions made by the assessee. Commissioner (Appeals) after verifying the facts brought on record has found that the deposits were received from Cable Operators and the aforesaid factual finding remains uncontroverted, there is no reason to interfere with the decision of learned Commissioner (Appeals). - Decided against revenue.
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