2014 (1) TMI 1768

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..... Pardiwala Respondent by : Shri Ajeet Kumar Jain O R D E R Per Sanjay Arora, A. M.: This is an Appeal by the Assessee arising out of its assessment u/s.143(3) r.w.s. 144C of the Income Tax Act, 1961 ('the Act' hereinafter) dated 18.10.2010 for the assessment year (A.Y.) 2006-07. 2. Opening the arguments for and on behalf of the assessee, it was submitted by the ld. Authorized Repre....

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....uction of tax at source. The expenditure incurred is on the visit of specialist technical personnel from an associate enterprise (AE) to India to support and maintain equipments supplied to customers in India, and which includes, besides travel cost, the cost of time spent (salary costs). This was a one-time cost, and for which the assessee has received a debit note from its AE, M/s. Kodak Polychr....

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....f the foregoing; there being no finding that the said asset/s has been removed from the relevant block of assets, we have no hesitation in following the said decision for the current year as well. Accordingly, the assessee's claim merits being upheld. That, in fact, is also in sum and substance the finding by the DRP qua the assessee's relevant objection (paras 5 to 9, pg.2 of its order). We decid....

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....d no adjustment to the returned income of Rs. 702.89 lacs in respect of the said claim; a fact which the A.O. seeks to emphasize. The assessee's grievance is, thus, misconceived. As apparent from the assessment order, the disallowance u/s. 40(a), as initially proposed by the A.O., was u/s. 37(1), i.e., in the absence of the requisite details, and only alternatively, i.e., without prejudice, u/s. 4....