EMERSON CLIMATE TECHNOLOGIES (INDIA) PRIVATE LTD.,PUNE vs. ADDL/JT/DY/ACIT., NEAC, DELHI

PDF · subscribers
ITA 190/PUN/2021Status: DisposedITAT Pune15 July 2021AY 2016-177 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal remanded the transfer pricing issue to the AO/TPO for fresh adjudication in line with earlier precedents. The Tribunal allowed the deduction for education cess as a business expenditure, following jurisdictional High Court decisions.

What were the facts?

The assessee appealed against a transfer pricing addition and a denial of deduction for education cess. The transfer pricing issue was similar to earlier years where the Tribunal had remanded the matter. The assessee also raised an additional ground regarding the deductibility of education cess.

What were the issues?

Whether the transfer pricing addition was justified and whether education cess is a deductible business expenditure.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 40(a)(ii)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show 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.

Income Tax Appellate Tribunal, PUNE BENCH, „C‟ PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Dhanesh Bafna
For Respondent: Shri Shivraj B. Morey

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील थी / The Appellant; 2. प्रत्यथी / The Respondent; 3. The CIT (DRP-3), Mumbai-1/ CIT (DRP-3), Mumbai-2/ CIT (DRP-3), Mumbai-3 4. DR, ITAT, „C‟ Bench, Pune ग र्ड फ ईल / Guard file. 5.

आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अदधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 14-07-2021 Sr.PS 2. Draft placed before author 15-07-2021 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

More judgments on Section 144C(13)

All 3,426 judgments and leading authorities on Section 144C(13) →

Recent GST High Court judgments

Search GST case law →