2014 (6) TMI 1037

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....r. R. Murlidhar i/b. Atul K. Jasani ORDER P.C.: 1] This appeal challenges the order passed by the Income Tax Appellate Tribunal, Mumbai, dated 12th August, 2011 in Income Tax Appeal No.8118/MUM/2010. The assessment year in question is 200607. 2] Mr. Vimal Gupta, the learned senior counsel submits that the order passed by the Tribunal deals with several grounds. The present appeal is restricte....

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....estion of law. 4] Upon perusal of the memo of this appeal and all its annexures, what has been set out as the undisputed factual position is that the assessee company is in the business of manufacture of process control instrumentation. It paid to its subsidiary Emerson Electrict Co. India Pvt. Ltd., an amount of Rs. 74,33,557/on account of business service charges on cost sharing basis. The rev....

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....ome into play. If these expenses have been incurred in the business of the associate/subsidiary and these are payments made to the regular employees employed by the subsidiary/associate and towards their salary, then, the reimbursement of such expenses by the present assessee would not require it to make any deduction. In other words, the tax would not be required to be deducted at source. In such....