DEUTSCHE INDIA PVT. LTD.(EARLIER KNOWN AS 'DBOI GLOBAL SERVICES PVT. LTD.),MUMBAI vs. ACIT-1(3)(1), MUMBAI

ITA 2522/MUM/2022Status: DisposedITAT Mumbai28 October 2024AY 2017-18Bench: SHRI AMARJIT SINGH (Accountant Member), SHRI SANDEEP SINGH KARHAIL (Judicial Member)12 pages
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What did the Tribunal hold?

The Tribunal held that the assessee is entitled to claim deduction under Section 80G for CSR expenditure, subject to fulfilling other conditions. The issue of TDS credit was restored to the AO for verification, and interest charges under Sections 234B and 234C were deemed consequential.

What were the facts?

The assessee challenged the assessment order concerning transfer pricing adjustments and denial of deduction under Section 80G for CSR expenditure. The assessee had also entered into an Advance Pricing Agreement (APA) and faced issues with filing modified returns.

What were the issues?

Whether CSR expenditure qualifies for deduction under Section 80G, and the proper adjudication of TDS credit and consequential interest charges.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 92CD,Section 92D,Section 135,Section 80G,Section 37(1),Section 234B,Section 234C

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Income Tax Appellate Tribunal, “K” BENCH, MUMBAI

Before: SHRI AMARJIT SINGH & SHRI SANDEEP SINGH KARHAIL

For Appellant: Shri J.D. Mistri
For Respondent: Ms. Neena Jeph (CIT-DR)

PER SANDEEP SINGH KARHAIL, J.M.

The present appeal has been filed by the assessee challenging the impugned final assessment order dated 31/07/2022, passed under section 143(3) read with section 144C(13) of the Income Tax Act, 1961 (“the Act”), pursuant to the directions dated 27/06/2022 passed under section 144C(5) of the Act by the learned Dispute Resolution Panel-1, Mumbai-3 (“learned DRP”), for the assessment year 2017-18. Deutsche India Pvt Ltd

2.

In this appeal, the assessee has raised the following grounds: –

“Transfer Pricing Grounds:

1.

The

The order continues below.

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