BURCKHARDT COMPRESSION INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE
In the result, the appeal of the assessee is allowed for statistical purposes
ITA 221/PUN/2016[2011-12]Status: DisposedITAT Pune19 Aug 2019AY 2011-12
Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.221/Pun/2016 िनधा"रण वष" / Assessment Year : 2011-12 Burckhardt Compression India Pvt. Ltd., Gat No.304, Village: Kondhapuri, Pune – Nagar Road, Tal: Shirur, Pune-412209. अपीलाथ"/Appellant Pan : Aadcb2058D …. Vs. Dcit, Circle-1(1), …. ""थ" / Respondent Pune. Assessee By : Shri Abhay Avchat Revenue By : Ms. Amrita Mishra सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 27.06.2019 Date Of Pronouncement: 19.08.2019 आदेश / Order Per D. Karunakara Rao, Am : This Appeal Is Filed By The Assessee Against The Order Of The Drp/Tpo/Assessing Officer For The Assessment Year 2011-12. 2. The Grounds Raised By The Assessee Are As Under :- The Learned Assessing Officer Has Erred In Making Addition Of “1. Rs.2,08,64,219/- On Account Of Adjustment Made To International Transaction Of Payment Of Management Services & The Hon’Ble Dispute Resolution Panel Erred In Directing The Disallowance. The Assessee Company Has Made Payment To Its Associated 2. Enterprise Of Rs.2,08,64,219/- Towards Manufacturing Service Fees & There Is Error Of Considering In Assessment An Arm’S Length Price Of This Expenditure As ‘Nil’. 3. The Order Under Section 143(3) Of The Income Tax Act 1961 In Pursuance Of Directions Of The Dispute Resolution Panel, Dated 23.12.2015 Of The Ao In Case Of The Assessee Is Bad In Law. 4. The Appellant Craves Leave To Add, Amend, Alter, Omit Or Substitute Any Of The Grounds Of Appeal.”
For Appellant: Shri Abhay AvchatFor Respondent: Ms. Amrita Mishra
Section 143(3)
68,928/-. For TPO, the transaction of payment of Management Services Fee (MSF) of Rs.2,08,64,219/- with BC-AG is the solitary transaction for TP adjustments.
6. The assessee paid this amount to BG-AG towards reimbursement/recovery of actual cost incurred by the BC-AG.
7. In TP study by assessee, the TNMM is the Most Appropriate Method
