ACIT-11(1)(2), MUMBAI vs. UPS JETAIR EXPRESS PVT. LTD., MUMBAI

ITA 1591/MUM/2015Status: DisposedITAT Mumbai08 April 2024AY 2010-1118 pages
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What did the Tribunal hold?

The Tribunal decided that the issue of technical know-how fees should be adjudicated based on previous Tribunal rulings in the assessee's own case. For employee expenses, the Tribunal considered restoring the issue to the Assessing Officer for examining additional evidence.

What were the facts?

The assessee, UPS Express P. Ltd., a joint venture, made international transactions with its associated enterprises, including payments for technical know-how and reimbursement of employee expenses. The Transfer Pricing Officer (TPO) made adjustments to the arm's length price of these transactions.

What were the issues?

The key issues were the transfer pricing adjustments for technical know-how fees and reimbursement of employee expenses, and the disallowance of depreciation on certain fixed assets.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 40(a)(i),Section 32,Section 234B,Section 92C

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Heard together (3 matters)

ITA No.1622/MUM/2015
ITA No. 1591/MUM/2015
C.O.No. 66/MUM/2015

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

आयकर अपीलीय अधिकरण मुंबई पीठ “जे”, मुंबई श्री विकास अवस्थी, न्यायिक सदस्य एवं श्री गगन गोयल, लेखक्कर सदस्य के समक्ष IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “J”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI GAGAN GOYAL, ACCOUNTANT MEMBER आ.अ.सं.1622/मुं/2015 (नि.व. 2010-11) M/s. UPS Express P. Ltd.

Plot No.6-A, Shyam Nagar Off JVLR Mejas Village, Jogeshwari (E), Mumbai - 400 060 PAN: AAACU4322N बनाम Vs.

The Assistant Commissioner of Income Tax- 11(1)(2), Aaykar Bhavan, Mumbai-400 021 अपीलार्थी / Appellant प्रतिवादी/Respondent आ.अ.सं. 1591/मुं/2015 (नि.व. 2010-11)

The Assistant Commissioner of Income Tax- 11(1)(2), Aaykar Bhavan, Mumbai-400 021 अपीलार्थी / Appellant बनाम Vs. M/s. UPS Express P. Ltd.

Plot No.6-A, Shyam Nagar Off JVLR Mejas Village, Jogeshwari (E), Mumbai - 400 060 PAN: AAACU4322N प्रतिवादी/Respondent C.O.No. 66/MUM/2015 (A.Y.2010-11) (Arising out of ITA No. 1591/MUM/2015 (A.Y.2010-11) M/s. UPS Express P. Ltd.

Plot No.6-A, Shyam Nagar Off JVLR Mejas Village, Jogeshwari (E), Mumbai - 400 060 PAN: AAACU4322N अपीलार्थी / Appellant 2 ITA No.1622 & 1591/MUM/2015 (A.Y 2010-11.) C.O.N

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