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2021 (9) TMI 130 - AT - Income TaxTP Adjustment - non granting of adjustment on import duty - HELD THAT:- This issue was considered by this Tribunal in assessee's own case in A.Y 2013-14 [2021 (7) TMI 36 - ITAT DELHI] and has decided this issue against the assessee and in favour of the Revenue to hold as necessary consumption of the material is only booked in the profit and loss account for which the materials are imported for onward sale/manufacturing whose revenue has been booked in the profit and loss account, the above adjustment cannot be granted. This is so for the reason that the duty structure of the material imported by the assessee and the sale price of the assessee takes into consideration all these commercial aspects of the trading or operation of the business of the assessee. Refusal of capacity adjustment as asked by the assessee - HELD THAT:- As in assessee's own case in A.Y 2013-14 [2021 (7) TMI 36 - ITAT DELHI] to hold that as assessee has submitted complete details of the employees stating their name, designation, experience, educational qualification, role and responsibility and the amount of salary paid, more particularly when there is a disproportionate difference between the salary expenditure incurred by the comparable companies with the salary expenditure of the assessee and there are seconded employees who are necessarily deputed to the assessee for the purpose of development of the business, the claim the assessee needs to be re-examined with the details furnished. This is more so when learned dispute resolution panel accepted that there is a higher depreciation claim in the case of assessee compared to the comparable companies. Computation of transfer pricing adjustment - AO allocating the entire difference between the arm's length operating profit and actual operating profit to the controlled transactions of the appellant - HELD THAT:- As relying on KEIHIN PANALFA LTD. [2016 (5) TMI 203 - DELHI HIGH COURT]we direct the Assessing Officer to accept the computation of proportionate TP adjustment as computed by the assessee and as exhibited elsewhere in this order
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