M/S. United Spirits Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore
In the result, the appeal of the assessee is partly allowed
ITA 489/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 May 2020AY 2012-13
Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadaleit(Tp)A No.489/Bang/2017 (Assessment Year: 2012-13) M/S. United Spirits Limited, Ub Towers, No.24, Vittal Mallya Road, Bangalore-560 001 ….Appellant Vs. Dy. Commissioner Of Income Tax, Circle 7(1)(1), Bangalore. ……Respondent. Assessee By: Shri Perci Pardiwala, Senior Advocate & Shri Ketan Ved, C.A. Revenue By: Shri Bipin C.N, Jcit (D.R) Date Of Hearing : 06.03.2020. Date Of Pronouncement : 29.05.2020. O R D E R Per Shri B.R. Baskaran, A.M. : The Assessee Has Filed This Appeal Challenging The Assessment Order Dated 31-01-2017 Passed By The Assessing Officer For Assessment Year 2012-13 Passed U/S 143(3) R.W.S 144C(13) Of The Act.
For Appellant: Shri Perci Pardiwala, Senior Advocate and Shri Ketan Ved, C.AFor Respondent: Shri Bipin C.N, JCIT (D.R)
Section 143(3)Section 144C(10)Section 144C(13)Section 14ASection 154Section 36(1)(iii)Section 92C
…from out of the said loans, since there was no contractual right to receive interest on the said loans. In this regard, he placed his reliance on the decision rendered by Hon’ble Bombay High Court in the case of India Finance & Construction Co. (P) Ltd (1993)(200 ITR 710), wherein it was held that, when no income is 11 IT(TP)A No.489/Bang/2017 . received, there is no question of paying any tax on income which the respondents (department) think should have been received, but was in fact not received. Accordingly he submitted that, in the absence of any income from international transaction, no transfer pricing adj…
