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INCOME TAX APPELLATE TRIBUNAL (PANAJI BENCH)
PAVAN KUMAR GADALE, Judicial Member, G D PADMAHSHALI, Accountant Member
Guala Closures(India) Private Limited – Appellant
Versus
I T O Ward1(1) – Respondent
| Table of Content |
|---|
| 1. appeal against alp determination and additional grounds on cess/ddt. (Para 1 , 2 , 3) |
| 2. dtaa limits ddt rate to 10% for non-resident shareholders. (Para 4) |
| 3. assessee's business facts and tp adjustment on management fees. (Para 6 , 7) |
| 4. restore management fees alp dispute to drp for fresh adjudication. (Para 8 , 9) |
| 5. appeal partly allowed for statistical purposes. (Para 10) |
ORDER
PER PAVAN KUMAR GADALE, JM:
The assesse has filed the appeal against the order of the Assessing Officer passed u/s 143(3) r.w.s 144C(13) of the Income Tax Act, 1961 passed in pursuance to the directions of the Dispute Resolution Panel (DRP) u/s 144C(5) of the Act. The assesse has raised grounds of appeal challenging the action of lower authorities in determining the ALP pertaining to management fees as Nil and also the lower authorities erred in passing the orders without considering the submissions and evidences.
2. The assessee has raised two additional grounds of appeal as under.
(i) To allow deduction of education cess on income tax and secondary and higher education cess payable for the year under consideration while computing the total income.
(ii) To restrict the Dividend Distribution T
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