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2023 (2) TMI 760 - AT - Income TaxTP Adjustment - adjustment on account of excessive AMP expenditure - HELD THAT:- Tribunal in assessee’s own case for the AYs 2013-14 & 2014-15 [2022 (11) TMI 1321 - ITAT BANGALORE]directed the Ld.AO/TPO to delete the addition made towards AMP expenses. Adjustment in respect of IT support services - comparable selection - HELD THAT:- The Tribunal in the case of Autodesk India Pvt. Ltd. [2018 (7) TMI 1862 - ITAT BANGALORE] took note of all the conflicting decision on the issue and rendered its decision to held as that high turnover is a ground for excluding companies as not comparable with a company that has low turnover - thus we hold that companies listed whose turnover in the current year is more than Rs.200 Crores should be excluded from the list of comparable companies. Inteq Software Pvt. Ltd and Infobeans Technologies Ltd., be excluded from the list of comparables. See Finastra Software Solutions [2022 (11) TMI 1320 - ITAT BANGALORE] Disallowance of seminars, conventions and sales promotion expenses - MCI Regulations applicable on pharmaceutical companies or not? - HELD THAT:- AO had primarily made disallowance by referring the CBDT Circular No.5/2012 dated 01.08.2012. In the larger interest of justice, in view of the latest judgment of M/s. Apex Laboratories Pvt. Ltd. [2022 (2) TMI 1114 - SUPREME COURT] which has examined the very same issue, it becomes necessary to examine the exact nature of expenses incurred by the assessee for Doctors from all angles. Therefore, for substantial question and cause, necessarily, the matter needs fresh verification by the A.O., especially in the light of the recent judgment of M/s. Apex Laboratories Pvt. Ltd. v. DCIT (supra) - the issues is remitted back to the AO to examine the details submitted in the light of the decision of the Apex Court after giving an opportunity of being heard to the assessee. It is ordered accordingly. Appeal by the assessee is partly allowed.
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