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2020 (4) TMI 749 - AT - Income TaxDisallowance of deduction u/s 10B - HELD THAT:- Wherein in respect of the claim of deduction u/s 10B of the Act, a coordinate bench of this Tribunal found that by applying the decision of Textile Machinery Corporation Ltd. Vs. CIT [1977 (1) TMI 3 - SUPREME COURT] CIT(A) had rightly extended the relief to the assessee u/s 10B of the Act and, therefore, the revenue cannot have any grievance against the same. It is not the case of the revenue that any appeal was preferred against the order or that this position was disturbed. It is not the case of Revenue that there is any change of facts and circumstances involved in this case to taken a different view. Transfer Pricing Adjustment - international transaction - international transaction in respect of ‘firewall charges’ reimbursement to AE - HELD THAT:- In the instant case, the assessee has incurred expenditure and not making payment of mark-up is not adverse to the entity in Indian Jurisdiction. The assessee has claimed the expenditure paid by the AE on its behalf. The contention of the TPO is that the assessee was not required to incur the said expenses. But it was under jurisdiction of the Assessing Officer whether particular expenditure was incurred wholly and exclusively for the purpose of business and not in the domain of the TPO to hold that in view of the warranty etc., the assessee was not required to incur expenditure on firewall charges. The contention of the assessee seems plausible that motors were required to checked for content of moisture acquired in transport from India to the USA, i.e., the destination point and it was the responsibility of the assessee to provide defect free motors to the end customers. Thus, respectfully following the finding of EKL APPLIANCES LTD [2012 (4) TMI 346 - DELHI HIGH COURT] we delete the transfer pricing adjustment.
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