GOODYEAR INDIA LTD.,FARIDABAD vs. DCIT, CIRCLE-10(1), NEW DELHI

ITA 346/DEL/2022Status: DisposedITAT Delhi26 July 2024AY 2017-18Bench: SHRI G. S. PANNU (Vice President), SHRI YOGESH KUMAR U.S. (Judicial Member)54 pages
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What did the Tribunal hold?

The Tribunal allowed the appeal regarding advertisement expenses, following a coordinate bench decision. It dismissed the ground related to employee ESI contributions, citing the Supreme Court's decision in Checkmate Services Pvt. Ltd. Other grounds concerning transfer pricing adjustments were partly allowed or remanded for fresh adjudication.

What were the facts?

The assessee, Goodyear India Ltd., filed appeals for AY 2017-18 and 2018-19 against assessment orders that included additions on account of transfer pricing adjustments, disallowance of advertisement expenses, and disallowance of employee contributions to ESI. The Tribunal considered various grounds related to international transactions, brand building expenses, and employee contributions.

What were the issues?

The key issues involved transfer pricing adjustments on various international transactions, the allowability of advertisement expenses for brand building, and the disallowance of employee ESI contributions due to delayed deposit.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 144B,Section 92B,Section 10B,Section 36(1)(va),Section 234C

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Cases cited in this judgment(7)Show list

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Income Tax Appellate Tribunal, [ DELHI BENCH: ‘I’ NEW DELHI ]

Before: SHRI G. S. PANNU & SHRI YOGESH KUMAR U.S.

For Appellant: Shri Ajay Vohra, Sr. Adv, Adv & Mr
For Respondent: Shri Vivek Verma CIT (DR ) and Sh. Kanv Bali, Sr. DR
Hearing: 03.05.2024Pronounced: 26.07.2024

Heard together (2 matters)

ITA No. 346/Del/2022
I.T.A. No. 1451/DEL/2022

Read from the judgment's own cause title. This page is filed under one of them.

PER YOGESH KUMAR U.S., JM

These two appeals are filed by the assessee for Assessment Years 2017-

18 and 2018-19 against the assessment orders passed by DCIT, New Delhi Goodyear India Ltd.

dated 27/01/2022 and 30/05/2022 respectively u/s 143(3) r/w Section 144C (13) read with Section 144B of the Income tax Act, 1961, (Act for short).

2.

The assessee has raised the followin

The order continues below.

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