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2023 (5) TMI 32 - AT - Income TaxTP adjustment on account of payment of Regional Service Charges - requisite test for intra-group services - HELD THAT:- As coordinate bench of the Tribunal in assessee’s own case in Ingredion India Pvt. Ltd. [2022 (10) TMI 1168 - ITAT MUMBAI] for the assessment year 2012-13 remanded the issue to the file of the learned TPO with a direction to the assessee to demonstrate the requisite test for intra-group services as well as the need and benefit of the services from the associated enterprises. Since in the present case also, the determination of arm’s length price of a similar international transaction is involved and both the parties have made similar submissions, therefore, we deem it appropriate to remand this issue to the file of the learned TPO with similar directions as rendered by the coordinate bench in the preceding assessment year. Accordingly, the impugned order on this issue is set aside. As a result, grounds no.1 and 2 raised in assessee’s appeal are allowed for statistical purposes. Erroneous computation of total income for the year under consideration - difference is on account of the additional customs duty paid/deposited before filing the return of income - As per the assessee, while computing the assessed income in the final assessment order, the AO considered the income processed under section 143(1) of the Act, as the starting point, instead of the returned income, which was considered in the draft assessment order - HELD THAT:- As the difference is on account of the additional customs duty paid/deposited before filing the return of income, which is allowable u/s 43B of the Act, and in this regard the assessee has also filed a rectification applications dated 19/08/2022 before the AO, which is pending disposal. Therefore, in view of the above, we deem it appropriate to restore this issue to the file of the AO for computation of the total income, as per law, after necessary verification. As a result, grounds no.3 and 4 raised in assessee’s appeal are allowed for statistical purposes.
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