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2021 (11) TMI 879 - AT - Income TaxTP Adjustment - determination of ALP of AMP expenses - HELD THAT:- In view of the above order of the Tribunal own case for assessment year 2015-2016 [2021 (2) TMI 857 - ITAT BANGALORE] which is identical to the facts of the instant case, we restore the issue of determination of ALP of AMP expenses to the files of AO/TPO. AO/TPO is directed to afford a reasonable opportunity of hearing to the assessee and take a decision in accordance with law. It is ordered accordingly. Depreciation on intangible assets - whether design and technical knowhow, vendor network relationship (VR) acquires as part of slump sales? - HELD THAT:- An identical issue was considered in assessee's own case by the co-ordinate Bench of the Tribunal for assessment year 2015-2016 [2021 (2) TMI 857 - ITAT BANGALORE] followed the Tribunal order for the assessment year 2011-2012 [2019 (11) TMI 1701 - ITAT BANGALORE] and held that the assessee is entitled to depreciation on intangible assets. Deduction in respect of education cess and secondary higher education cess u/s 37(1) - HELD THAT:- The issue raised in the additional ground is a pure legal issue, which does not require any verification of facts. Therefore, we admit the same for adjudication. As in the case of Sesa Goa Limited [2020 (3) TMI 347 - BOMBAY HIGH COURT] had held education cess is an allowable expenditure as the word "cess" is conspicuously absent under the provisions of section 40(a)(ii) . The Mumbai Bench of the Tribunal in the case of Voltas Limited [2020 (7) TMI 125 - ITAT MUMBAI] had admitted additional ground of appeal with regard to the claim of education cess and adjudicated the matter in favour of the assessee, by following the judgment of the Hon'ble Bombay High Court in the case of Sesa Goa Limited - In the light of the aforesaid judicial pronouncements, we hold that education cess is to be allowed as deduction. It is ordered accordingly.
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