9911796707
TMI Blog2015 (7) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... consider the observation of this Tribunal as made in para-28.3 of the order. - Appeal disposed of. - MA No.207/Ahd/2014 in I.T.A. No.793/Ahd/2006 - - - Dated:- 10-2-2015 - SHRI ANIL CHATURVEDI AND SHRI KUL BHARAT, JJ. For the Appellant : Shri Milin Mehta, A.R. For the Respondent : Shri M.K. Singh, Sr.DR ORDER PER SHRI KUL BHARAT, JUDICIAL MEMBER : This miscellaneous application has been filed by the Assessee on 23.12.2014 (arising out of ITA No.793/Ahd/2006 for AY 2002-03) seeking modification of the Tribunal (ITAT D Bench Ahmedabad) order dated 14.11.2014. 2. The ld.counsel for the assessee submitted that vide ground No.6, the applicant had challenged the upward adjustment made to the income on account o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Transactions in the nature of Revenue Expenses debited to the Profit and Loss Account (other than Royalty) of ₹ 4,01,14,355 (Rs.8,88,38,750 minus 4,87,24,395 of Royalty). b. Added to above, the Royalty of the DTA Segment of ₹ 4,87,24,395 giving aggregate of ₹ 8,88,38,750. c. Added to above, the International Transaction in the nature of Revenue Expenditure CREDITRED to at the P L Account of ₹ 74,03,728. d. Added to above, the International Transaction in the nature of capital Goods, part of the Balance Sheet of ₹ 5,19,25,936, aggregating to ₹ 14,81,68,414. e. From the above, reduction of the Royalty (of DTA and EOU Segment both) of ₹ 6,38,26 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 17 taxmann.com 119 (Mum). (ii) M/s.Genisys Integrating Systems (India) Pvt.Ltd. vs. DCIT (2013) 152 TTJ 215 (Bangalore) (iii) Pennzoil Quaker State India Ltd. (2012) 26 taxmann.com 124 (Mum.) (iv) Liobridge Technologies Pvt.Ltd. (2012) 137 ITD 197 (Mum.). 28.4. There is no fault can be found from the order of the ld.CIT(A) so far as restricting the addition on account of differential operating margin to the international transactions is concerned. However, the figure of ₹ 8,43,42,316/- as worked out by the ld.CIT(A) is not correct, therefore this issue is required to be restored to the file of ld.CIT(A) for recomputation of the international transactions. Needless to say tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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