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2017 (11) TMI 1057 - ITAT BANGALORETransfer pricing adjustment - Held that:- The issue of transfer pricing is required to be restored back to the Commissioner of Income-tax (Appeals) with a direction that he should decide the issue afresh by applying the RPT filter of 25 per cent. or 15 per cent. as the case may be and examine the aspect of high profit margin and high turnover in the light of the judgment of the hon'ble Delhi High Court rendered in the case of Chryscapital Investment Advisers India P. Ltd. (2015 (4) TMI 949 - DELHI HIGH COURT). Computation of deduction 10A - Held that:- In view of section 10A, freight charges, telecommunication charges and insurance charges which are attributable to export of computer software are not required to be taken into account for export turnover. Since the assessee has not been able to demonstrate that the entire insurance cover is relatable to export turnover for computer software, therefore, we deem it appropriate to remand this issue back to the file of the Commissioner of Income-tax (Appeals) for fresh examination on this aspect of insurance charges i.e., how much of insurance charges were attributable to export of computer software. The Commissioner of Income-tax (Appeals) is directed to adjudicate this issue afresh after affording opportunity of hearing to the assessee as well as the Assessing Officer. This ground is allowed for statistical purposes.
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