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Showing 21 to 40 of 167 Records Search Text: yum restaurants india |
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| Articles (6) Case-Laws (161) |
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2006 (10) TMI 76 - HIGH COURT, DELHI Direction for special audit u/s 142(2A) - Article 226 of the constitution cannot be invoked all that is to be consider is whether the decision making process is vitiated - Direction u/s 142(2A) are unexceptionable and valid... ... ...
2021 (2) TMI 350 - ITAT DELHI TP Adjustment - comparable selection - excluding the comparable M/s. Cosmic Global Ltd. in support service segment - HELD THAT:- Since exclusion of the company has been sought first time before the Tribunal, and in order to verify the exact nature translation work and the expenses on translation whether the same are in the nature of outsourcing or incurred by the assessee in developing employees, we feel it appropriate to restore the issue of exclusion of the company from the set of the comparab... ... ...
2017 (10) TMI 535 - ITAT DELHI Transfer pricing adjustment towards Advertisement, Marketing and Promotion expenses - Held that:- In light of the non-sustainability of the objections taken by the Ld. AR and following the earlier view taken by the ITAT in assessment year 2010-11 in the case of the assessee, we set aside the impugned order and remit the matter to the file of TPO/AO for a fresh determination of the question as to whether there exists an international transaction of AMP expenses. If the existence of such an intern... ... ...
2017 (5) TMI 1367 - ITAT DELHI Addition on account of transfer pricing adjustment AMP expenses - AR contended that the TPO for the A.Y. 2012-13 in assesse’s own case has not made any transfer pricing adjustment on account of AMP expenses but has factored in the AMP intensity adjustment in the profit margin of the comparables and made transfer pricing addition on account of the international transaction of `Import of finished goods’ - Held that:- We are not convinced with the proposition put forth on behalf of the assessee bec... ... ...
2006 (11) TMI 135 - Supreme Court Seizure - hearing given is only in terms of s. 142(3) which is limited only to the findings of the special auditor - order of assessment would be based upon the findings of special auditor subject of course to their acceptance by the AO. Even at that stage the assessee cannot put forward a case that power under section 142(2A) had wrongly been exercised - An appeal against the order of assessment, would not serve any real purpose as the appellate authority would not go into such a question... ... ...
2006 (10) TMI 88 - DELHI HIGH COURT Validity of CBDT’s instruction that Assessing Officer can refer to Transfer Price Officer if transaction value increase more than Rs 5 crore – such instruction are based on correct interpretation of relevant provisions and are not contrary to the objective of chapter X so these are valid... ... ...
2018 (11) TMI 1106 - ITAT MUMBAI TPA - Adjustment made to the arm's length price of advertisement, marketing and promotional (AMP) expenditure incurred by the assessee in respect of consumer segment - whether AMP expenditure incurred in India gives rise to international transaction with the AEs? - Held that:- It is relevant to observe, the DRP has upheld the adjustment made by the Transfer Pricing Officer simply for the reason that the Department has no remedy available against an order of the DRP favourable to the assessee. As... ... ...
ANTI-PROFITEERING IN GST: CONSTRUCTIVE EVIDENCE MUST Section 171 of the GST law empowers the National Anti-profiteering Authority (NAA) to address complaints regarding businesses not passing on tax benefits to consumers. The NAA requires substantial evidence to prove allegations of profiteering. In cases against a restaurant chain and a direct selling company, the NAA dismissed complaints due to insufficient evidence. Complainants failed to provide specific details or credible documentation to support their claims. The NAA emphasized that complaints must be substantiated with positive, credible, and constructive evidence for action to be taken, highlighting the necessity for concrete proof in anti-profiteering cases.
2016 (5) TMI 255 - ITAT DELHI TDS liability - Payment to Association of Tennis Profession (ATP) - disallowance u/s 40(a)(i) - Held that:- Section 194E read with Section 115 BBA apply to payments made to a non-resident sports association or an institution. In the instant case, ATP is undisputedly a governing body of the world wide men’s professional Tennis Circuit, responsible for ranking of its players and coordinating the Tennis Tournament in the world. In such circumstances we are of the opinion that ATP is a non-resident ... ... ...
2007 (7) TMI 50 - ITAT BANGALORE For making adjustments u/s 92C(3)(a) to (d), AO need not required to demonstrate before the assessee - The provision of Sec 40A is not applicable here - Further tribunal decided upto the matter related to "ARM'S LENGTH PRICE" and nature of amount paid as advance under lease agreement etc.... ... ...
2023 (3) TMI 665 - ITAT DELHI TDS u/s 194I - TDS on common area maintenance charges - payment made to the landlord, other than under the head rent - HELD THAT:- As relying on M/s. Johnson Watch Company Pvt. Ltd. [ 2022 (11) TMI 1106 - ITAT DELHI ]Tax Authorities below have fallen in error in holding that the assessee was required to pay TDS @10% towards the common area maintenance charges. Consequently the grounds raised by the assessee are allowed.... ... ...
2017 (4) TMI 452 - ITAT DELHI TPA - AMP expenses to be an international transaction - Held that:- It is a matter of record that the Hon’ble High Court in Sony Ericsson (2015 (3) TMI 580 - DELHI HIGH COURT) has held AMP expenses as an international transaction. It can be seen that in some later decisions, view taken is at variance. Equally, the tribunal is also not consistent in its stand. When the TPO in the instant case held AMP expenses to be an international transaction, he did not have any occasion to consider the ratio ... ... ...
2016 (7) TMI 910 - ITAT MUMBAI Disallowance of business expenditure - ratio of personnel cost - nexus between the expenditure incurred and the business of the assessee - only objection of both the authorities is that the assessee was suffering loss but had paid higher salary to its employees - why was the assessee not reducing his expenses proportionately when in was earning lesser income - Held that:- There is a basic and fundamental flaw in the approach of the AO and the FAA. They have tried to step in to the proverbial sho... ... ...
2015 (10) TMI 1601 - ITAT HYDERABAD Disallowance of employees' contribution of provident fund under section 36(1)(va) - Held that:- Though it is a fact that the assessee has remitted the employees' contribution to provident fund not within the due date as prescribed under the Explanation to section 36(1)(va), however, the assessee has remitted the amount within the due date of filing of return of income under section 139(1) of the Act. Therefore, in view of the provisions of section 43B the amount cannot be disallowed. Accordingly... ... ...
2020 (12) TMI 487 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - Restaurant Services - benefit of reduction in the rate of tax not passed on - contravention of the provisions of Section 171 of the CGST Act, 2017 - penalty - HELD THAT:- The Respondent is a company registered under the Companies Act, 1956 and is engaged in the business of operating quick service restaurants under the brand name of Mcdonalds under a franchisee agreement with the multi-national company Mcdonalds India Private Limited. The Respondent is operating about 300 restauran... ... ...
2023 (6) TMI 208 - ITAT DELHI Short deduction of TDS - TDS at 10% u/s 194I or at 2% u/s 194C - Common Area Maintenance charges (CAM) paid - HELD THAT:- CAM charges paid by the assessee or not for land used or area allotted simplicitor. These are the charges for various common services provided to various lessees. As relying on CONNAUGHT PLAZA RESTAURANTS P. LTD. case [ 2022 (1) TMI 409 - ITAT DELHI] and M/S AERO CLUB [ 2023 (3) TMI 101 - ITAT DELHI] CAM charges paid by the assessee are liable for TDS only at 2% u/s 194C of t... ... ...
2022 (11) TMI 1106 - ITAT DELHI TDS u/s 194I - CAM charges paid by the appellant company considering the common area maintenance charges as part of the rental activity covered u/s 194I and treated the appellant company as assessee in default within the meaning of section 201(1) for short deduction of TDS on CAM Charges - HELD THAT:- When the definition of rent as Explanation of section 194-I is seen it is the payment made for the use of certain immovable properties like land or building (including factory building) or land app... ... ...
2017 (5) TMI 1305 - ITAT DELHI Determining the ALP of AMP expenses - Held that:- We set aside the impugned order and remit the matter to the file of TPO/AO for a fresh determination of the question as to whether there exists an international transaction of AMP expenses. If the existence of such an international transaction is not proved, the matter will end there and then, calling for no transfer pricing addition. If, on the other hand, the international transaction is found to be existing, then the TPO will determine the ALP... ... ...
2017 (9) TMI 376 - ITAT DELHI Transfer pricing adjustment on Advertisement, Marketing and Promotion (AMP) expenses - determination of the existence or otherwise of an international transaction on account of AMP expenses incurred by the assessee - TPO treated the AMP spend as a separate international transaction - Held that:- We do not find any logic in applying 5% as a benchmark mark-up, which is not emerging from any discussion in the order. In other words, there is no attempt to find out the mark-up of comparables by analy... ... ...
2017 (3) TMI 321 - ITAT MUMBAI Transfer pricing adjustment towards Advertisement, marketing and promotion expenses - Held that:- We find that when the TPO held AMP expenses to be an international transaction, he did not have any occasion to consider the ratio laid down in several judgments of the Hon’ble jurisdictional High Court, which is now available for consideration. Respectfully following the predominant view taken in several Tribunal orders of coordinate benches, we are of the considered opinion that it would be in the... ... ...
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