| 2016-TII-INSTANT-ALL-352 | 04 August 2016 |
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TII CASES TP HONDA R & D INDIA PVT LTD Vs ACIT, DELHI HIGH COURT (Dated: August 2, 2016) Whether it is open to ITAT to ignore the effect of the finality attached to the DRP's order, merely because the Revenue was not empowered to file an appeal against the DRP's order at the relevent point of time - NO: HC Whether the ITAT is justified in drawing a conclusion that the assessee concerned is involved in R&D activity, when there is no sufficient material before the ITAT to draw such conclusion and on the other hand, there was sufficient material in the form of TPO's remand report for previous A.Y as well as DRP's order to show that assessee was not into core R&D activity - NO: HC Whether an Indian entity is entitled to claim 100% depreciation on the fixed assets transferred to it from the liason office of its overseas AE, if such entity has the physical possession of those assets and they had been put to use for more than 180 days - YES: HC Delhi High Court Assessee's appeal allowed |
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