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Maruti Suzuki India Ltd vs Additional Commissioner Of Income Tax ... on 1 July, 2010

We find that the decision of Hon'ble Delhi High Court in the case of Maruti Suzuki India Ltd. (supra) does not advance the case of the revenue as it has been brought to a naught by the decision of the Hon'ble Supreme Court, which has directed the Transfer Pricing Officer to 21 ITA No. 4477(Del)/2010 independently make the valuation without being influenced by the decision of the High Court. Looking to the earlier decisions in this case, which we are bound to follow, it is held that the ld. CIT(Appeals) rightly deleted the addition of Rs. 33.82 crore by relying on earlier orders of the Tribunal.
Delhi High Court Cites 25 - Cited by 30 - V K Jain - Full Document

S. A. Builders Ltd. .. Petitioner vs Commissioner Of Income Tax (Appeals) ... on 14 December, 2006

It is also submitted that the question of deduction of advertisement expenses is entirely different from the determination of arm's length value of licence fee paid by the assessee. The former question has to be decided in the light of the provision contained in section 37(1) that the expenditure is incurred wholly and exclusively for the purpose of the business. The assessee does not have to prove the necessity of incurring the expenditure and incidental benefit accruing to associated enterprises 20 ITA No. 4477(Del)/2010 is of no consequence, as held in S.A. Builders Ltd. Vs. CIT(Appeals) & Another, (2007) 288 ITR 1 (SC). The latter question has to be decided in the light of provisions contained in Chapter-X regarding "computation of income from international transaction having regard to arm's length price" and rules made therein. In this case, the Transfer Pricing Officer has found the price paid by the assessee to be the same as arm's length value. Therefore, the issue is squarely covered by earlier decisions and this appeal may also be decided in favour of the assessee and against the revenue.
Supreme Court of India Cites 12 - Cited by 1104 - M Katju - Full Document
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