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2020 (8) TMI 323 - AT - Income TaxTPA - Comparable selection - HELD THAT:- Because of the extraordinary events that took place in the period under considerationwe direct the Assessing Officer/TPO for exclusion of Infosys BPO and TCS E serve Ltd from the finalist of comparables. So long as a company is functionally similar to the assessee merely because it does not match with the turnover, it cannot be rejected. Adjustment in respect of interest on receivables - HELD THAT:- If working capital adjustment is granted, then no separate adjustment or interest receivables is required. We are fortified in our decision by the decision of Kusum Healthcare P. Ltd. [2017 (4) TMI 1254 - DELHI HIGH COURT]. Claim of deduction u/s 10A - HELD THAT:- This Tribunal following the earlier decision of the Tribunal held that assessee was entitled for deduction u/s 10A on the ground that it has established a new unit. Once already deduction u/s 10A on the same unit has been allowed in the earlier years by the Tribunal, therefore, no different view can be taken for the same unit on similar set of facts for denying the deduction in Assessment Year 2009-10. TDS u/s 195 - Disallowance u/s 40(a)(i) - payments in respect of certain amounts, such as, technology service, fee charge out, receipt of services, professional charges and relocation expenses - HELD THAT:- It is true that most of the relocation expenses are in respect of salary paid to employees of the assessee who travelled abroad for business of the appellant. However, in our considered opinion, these details need verification. We, accordingly, restore this issue to the file of the AO and is directed to very details and examine whether the payments have been made by the assessee to its own employees who travelled abroad and decide the issue afresh after giving reasonable opportunity of being heard to the assessee. Grant of TDS - HELD THAT:- We direct the Assessing Officer to give credit of TDS as per provisions of law.
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