GOODYEAR INDIA LTD.,FARIDABAD vs. NEAC, DELHI
What did the Tribunal hold?
The Tribunal held that the issue of trademark fee adjustment was covered by its previous decisions in favour of the assessee. It also held that the ad-hoc disallowance of advertisement expenses was not permissible and directed its deletion.
What were the facts?
The assessee, Goodyear India Ltd., appealed against an assessment order that included additions on account of transfer pricing adjustments for trademark fees and an ad-hoc disallowance of advertisement expenses. The additions were sustained by the Dispute Resolution Panel (DRP).
What were the issues?
Whether the transfer pricing adjustment for trademark fees was justified, and whether ad-hoc disallowance of advertisement expenses is permissible.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(14)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- S.A. Builders Ltd. v. CIT1,484 citing288 ITR 1 · 2007 · SC · Read judgment
- Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT499 citing374 ITR 118 · 2015 · HC · Read judgment
- Eastern Investments Ltd. v. CIT346 citing38 ITR 601 · 1960 · SC
- Sassoon J. David & Co. Pvt. Ltd. v. CIT323 citing118 ITR 261 · 1979 · SC
- CIT v. Walchand & Co.314 citing65 ITR 381 · 1967 · SC
- Jamshedpur Motor Accessories Stores v. CIT140 citing72 ITR 612 · 1969 · SC
- Sony India (P) Ltd. v. DCIT131 citing114 ITD 448 · 2008 · ITAT
- CIT v. Cushman & Wakefield (India) (P.) Ltd.120 citing367 ITR 730 · 2014 · HC · Read judgment
- Ltd. (254 ITR 503), CIT v. Salora International (308 ITR 199) (Del.), CIT v. Casio India Ltd. (52 citing195 Taxmann 256 · 2010 · HC
- CIT v. Sales Magnesite (P) Ltd.40 citing214 ITR 1 · 1995 · HC
- J. K. Woolen Mills v. CIT33 citing86 ITR 11 · 1972 · SC
- Sony India (1) Laf v. Dy. CIT17 citing103 ITD 73 · 2006 · ITAT
- Patel & Sons (P.) Ltd. v. CIT11 citing69 ITR 782 · HC
- SC). (viii) CIT vs. Sales Magnesite P. Ltd. 214 ITR 1(Bom). (ix) JR Patel & Sons P. Ltd. v. CIT3 citing215 Taxmann 602 · 2013 · HC
Income Tax Appellate Tribunal, DELHI “I-1” BENCH: NEW DELHI
Before: SHRI KUL BHARAT & DR.B.R.R.KUMAR
PER KUL BHARAT, JM : This appeal filed by the assessee against the order passed by the Assessing Officer in pursuance of the directions of the Dispute Resolution
Panel (“DRP”) for the assessment year 2016-17 u/s 143(3) r.w.s. 144C of the Income tax Act, 1961 (“the Act”). The assessee has raised following grounds of appeal:-
“That the impugned order of assessment framed by the assessing officer in pursuance of the directions of the Dispute Resolution Panel (hereinafter referred to as 'DRP') under Section 143(3) read with Section 144C of the Income-tax Act, 1961 ('Act'), is bad in law and unsustainable.
1 That the assessing officer erred on facts and in law in completing assessment under
The order continues below.
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