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2022 (12) TMI 457 - AT - Income TaxTP Adjustment - Comparable selection - HELD THAT:- Companies functionally dissimilar with that of assessee need to be deselected. Expenditure incurred towards management service fee and trade mark license fee - HELD THAT:- Considering the similarity of the issue and view taken in the earlier assessment year by a Co-ordinate Bench in assessee’s own case, we are of the considered opinion that the interest of justice would be met by restoring this issue to the file of the AO for fresh factual verification as per law by directing the assessee to submit all the relevant material before the learned AO. Ground is accordingly allowed for statistical purposes. Allow depreciation on software license fee at 60% instead of capitalizing the same and allowing 25% as depreciation - HELD THAT:- On a perusal of the orders in assessee’s own case from assessment year 2008-09, we find that the Co-ordinate Benches allowed the depreciation at 60% on the software purchased by the assessee for their business purpose and it is evident from order [2015 (5) TMI 45 - ITAT HYDERABAD] Even in the order for the assessment year 2011-12 (supra), this issue was dealt with and decided in favour of the assessee. Hence, while following the consistent view, we allow this ground of appeal.
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