2019 (1) TMI 757

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....y No. 29863/2018) CIVIL APPEAL NO. 12 OF 2019 (@SLP(C) No. 38/2019 @Diary No. 30030/2018) CIVIL APPEAL NO. 13 OF 2019 (@SLP(C) No. 3 - -<br>Income Tax<br>Dr. Dhananjaya Y. Chandrachud And Hemant Gupta, JJ. For the Petitioner : Mr. Rupesh Kumar, Adv. Mr. D.L. Chidanand, Adv., Mr. Shreyash Bhardwaj, Adv. Mrs. Anil Katiyar, AOR For the Respondent : Mr. R. Venkatraman, Sr. Adv., Mr. K.R. Sasipra....

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....terest referable to funds given to subsidiaries is allowable as deduction under Section 36(1)(iii) of the Income Tax Act, 1961 (for short 'the Act') when the interest would not have been payable to banks, if funds were not provided to subsidiaries; 2. Whether on the facts and in the circumstances of the case and in law, the High Court is correct in upholding the Tribunal's view that prior....

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....he High Court is correct in upholding the Tribunal's view in sustaining the deletion of the Transfer Pricing adjustment made to consultancy charges, especially when the TPO had adopted the same mark up in relation to its European associate, what the assessee itself had adopted in relation to its USA associate. 7. Insofar as the first question is concerned, the issue raises a pure question of fa....

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....gh Court has not had the benefit of the decision of this Court. Hence, we are of the view that it would be appropriate to remand the issue for fresh decision by the High Court bearing in mind the law laid down in the above case. We keep open all the rights and contentions of the Revenue and the assessee in regard to the applicability of the provision for the relevant Assessment Years. 11. As re....