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2023 (7) TMI 1082 - AT - Income TaxTP Adjustment - Determination ALP of Management Fees - HELD THAT:- As gone through the evidences filed before us and noted that these evidences need to be examined by the Assessing Officer/ TPO afresh in regard to management fee paid by assessee to its associated enterprises for the services rendered. The AO/TPO will also go into the details of e-mail correspondence and other evidences before deciding the issue. Hence, this issue is remitted back to the file of the AO/TPO for fresh consideration. This issue of Revenue's appeal is allowed for statistical purposes. Disallowance of deduction claimed by assessee u/s.80IA - HELD THAT:- As assessee company is engaged in the business of operation of container freight station at various locations Irungattukotta, Tripuru, Karur, Pondicherry, Tuticorin and Mumbai. According to assessee, CFS facility is duly approved and recognized as an offshore facility by customs/port authorities originally existed alongside the seaport/airport. Even this CFS was notified vide notification No. 10682 dated 01.09.1998 as an infrastructure facility for the purpose of provisions of section 80IA(4) of the Act. Since the issue is covered by the case of Ennore Cargo Container Terminal [2017 (4) TMI 615 - MADRAS HIGH COURT] we dismiss this issue of Revenue's appeal. Disallowance made on business development expenses - This business expenditure claimed to be on account of tamil film produced by the Chairman of assessee company "Sattam Oru Iruttarai" and there was a request from the staff of the clients for tickets and accordingly, the same were provided - HELD THAT:- This expenses of tickets for staff of clients was for the purpose of maintaining good relations with the clients and hence, this being business expenditure was allowed by CIT(A). We find no infirmity in the order of CIT(A) and hence, the same is confirmed. This issue of Revenue's appeal is dismissed. Addition u/s 36(1)(va) & 2(24)(x) - Payment made on account of provident fund and ESI being employees contribution beyond the due dates as prescribed under the respective statutes - HELD THAT:- As noted that this issue is now stands covered by the decision of Checkmate Services P. Ltd [2022 (10) TMI 617 - SUPREME COURT] wherein held that the amounts beyond the due dates under the Provident Fund Act and ESI Act is not to be allowed in term of provisions of section 36(1)(va) & 2(24)(x) of the Act. Hence, this issue being covered in favour of Revenue.
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