2017 (5) TMI 1690 - HC - Income Tax

TP adjustment - Advertising Marketing and Promotion expenses - HELD THAT - Issue covered against the Revenue and in favour of the Assessee by the decision of this Court in the Assessee s own case in Honda Seil Power Products Ltd. v. Dy CIT 2015 (12) TMI 1333 - DELHI HIGH COURT

Summary

Issues:
1. Delay in re-filing the appeal
2. Grounds raised by the Revenue under Section 260A of the Income Tax Act, 1961

Analysis:
1. The judgment addressed an application concerning a delay of 38 days in re-filing the appeal, which was allowed by the court. The delay was condoned, and the application was disposed of.

2. The appeal under Section 260A of the Income Tax Act, 1961, involved two grounds raised by the Revenue against the order passed by the Income Tax Appellate Tribunal (ITAT) for the Assessment Year 2011-12. The first issue related to Advertising, Marketing, and Promotion expenses, which were decided in favor of the Assessee based on a previous decision in the Assessee's own case. The court referred to the decision in Honda Seil Power Products Ltd. v. Dy CIT (2016) 237 Taxman 304 for AY 2008-09 to support this conclusion.

3. The second question raised in the appeal concerned the provision for service coupons, which the ITAT found to have been made on a scientific basis. The court noted that there was no substantial question of law arising from this issue. As a result, the appeal was dismissed by the court.

This comprehensive analysis covers the issues of delay in re-filing the appeal and the grounds raised by the Revenue under Section 260A of the Income Tax Act, 1961, providing a detailed overview of the judgment delivered by the Delhi High Court.