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2021 (8) TMI 1243 - ITAT PUNETP Adjustment - international transaction of payment for CCR Divisional Cost treating at Nil - HELD THAT:- TPO on one hand admitted that the assessee availed services from its AE and rendering of services by the AE to the assessee. In our opinion the said services were in terms of agreement as discussed above and evidences also on record substantiating the said services which clearly demonstrate that the assessee availed services from its AE. Therefore, we hold that the assessee proved the receipt of services from its AE. The ld. DR reported no objection in remanding the matter to the TPO for determination of arms length price. Therefore, we deem it proper to remand the issue to the file of TPO for its fresh adjudication to determine the ALP of international transaction in respect of CCR Division Cost. Thus, the ground No. 3 raised by the assessee is allowed for statistical purpose. Disallowance of depreciation on goodwill - HELD THAT:- As relying on assessee’s own case for A.Y. 2003-04 [2016 (2) TMI 187 - ITAT PUNE] it is clear that the allowance of depreciation on goodwill is granted. There was no contrary view placed by the ld. DR before us. Thus, the ground No. 8 raised by the assessee is allowed. Disallowance of depreciation on non-compete fees - HELD THAT:- Tribunal in assessee’s own case for A.Y. 2003-04 [2016 (2) TMI 187 - ITAT PUNE] it is clear that the allowance of depreciation on non-compete fees is granted. Disallowance of depreciation on technical know-how and other assets - HELD THAT:- In the light of the orders of this Tribunal in assessee’s own case for A.Y. 2004-05 [2018 (1) TMI 12 - ITAT PUNE] it is clear that the allowance of depreciation on technical know-how and other assets is granted. There was no contrary view placed by the ld. DR before us. - Decided in favour of assessee. Short grant of credit of taxes deducted at source - HELD THAT:- AR filed details of annual tax statement in Form No. 26AS and prayed to give a direction to the AO/TPO for examination of the same afresh. Upon hearing both the parties, we deem it proper to remand this issue to the file of AO/TPO for fresh adjudication by examining the details provided in Form No. 26AS and to decide the issue giving an opportunity to the assessee. Thus, ground No. 11 raised by the assessee is allowed for statistical purpose.
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