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2018 (4) TMI 503 - AT - Income TaxDetermination of Arm’s Length Price (ALP) for Management Support Services - assessee benchmarked the Intra Group Services transactions by using the Transactional Net Margin Method (TNMM) as the Most Appropriate Method (MAM)- Held that:- There is no change in the facts and circumstances during the year under appeal with regard to MSSA when compared to that in the earlier years and hence respectfully following the judicial precedents relied upon hereinabove, we hold that the determination of ALP for Management Support Services at Rs NIL is unwarranted and accordingly the upward adjustment made by the ld TPO in the sum of ₹ 300,40,09,360/- is deleted. - Decided in favour of assessee Expenses towards advertisement and marketing (AMP) in each of its business segments - Held that:- We find that since the assessee is a manufacturer cum distributor as accepted by the lower authorities, the decision rendered in Maruti Suzuki [2015 (12) TMI 634 - DELHI HIGH COURT] would be applicable to the assessee’s case, since the contention of the ld DR that assessee is only distributor, is not emanating from the records of the lower authorities. Respectfully following the same, the upward adjustment made by the ld TPO and upheld by the ld DRP is hereby directed to be deleted. Comparable selection criteria - Held that:- The assessee is a limited risk software service provider, thus companies functionally dissimilar with that of assessee need to be deselected from final list. Lease rental paid for motor car taken on finance lease - Held that:- We find that the issue under dispute is covered by the decision of the Hon’ble Supreme Court in the case of ICDS Ltd [2013 (1) TMI 344 - SUPREME COURT ] in favour of the assessee Depreciation on moulds - @ 30% OR 15% - Held that:- As AR stated that the moulds were owned by the assessee and used for the purpose of its business. Further, the moulds were exclusively used in the plastic factory by the job workers / co-makers to whom moulds were given by the assessee to be used in the plastic factory, under its control and supervision and prayed that depreciation @ 30% would be eligible on the said moulds. We find that this issue has been considered by this tribunal in assessee’s own case for the Asst Year 2011-12 [2017 (12) TMI 1117 - ITAT KOLKATA] we restore this matter to the file of the ld AO for fresh adjudication in accordance with law. Deduction u/s 80G - Held that:- Claim was duly granted by the ld AO in the final order passed by him u/s 143(3) read with section 144C(5) of the Act on 25.10.2017. Hence the assessee cannot be aggrieved in this regard. Short credit of tds - AO granted credit for tax deducted at source of ₹ 6,60,46,860/- as against the claim by the assessee to the tune of ₹ 7,08,61,424/- Held that:- Since the issue involves only verification of certificates / Form 26AS, as the case may be, we hereby direct the ld AO to kindly verify the necessary evidences in this regard and grant TDS credit, if eligible, to the assessee.
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