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2014 (5) TMI 1068 - ITAT PANAJIDepreciation on the UPS @ 60% as are applicable to the computers - Held that:- After hearing the rival submissions we found that this issue is duly covered by the decision of the Hon'ble Delhi High Court in the case of CIT vs. BSES Yamuna Powers Ltd. (2010 (8) TMI 58 - DELHI HIGH COURT ). Respectfully following the decision of the Hon'ble Delhi High Court, we delete the disallowance sustained by the CIT(A). - Decided in favour of assessee. Transfer pricing adjustment in the operating margin of CDR unit and sustaining part addition therein by the CIT(A) - selection of comparable - Held that:- Out of the 5 companies for which the assessee has asked for relief before us and requested to exclude these companies also from the comparables, we further exclude 3 companies out of the comparables and sustain the action of CIT(A) to treat R. Systems International Ltd. to be a comparable company. We noted that exclusion or non-exclusion of R. Systems International Ltd. will not have much impact on the cash PLI because in the case of this company, the cash PLI comes to 26.1 per cent as computed by the assessee and filed before us while the average cash PLI in the case of the assessee comes to 32.67 per cent. The assessee has given average cash PLI of all the comparables at 24.97 per cent which is much below the cash PLI worked out in the case of the assessee at 32.67 per cent. The cash PLI earned by the assessee is much more than the average of the cash PLI in the case of the other comparables. Therefore, in our opinion, no addition on this account can be sustained in the case of the assessee. We, accordingly, set aside the order of CIT(A) and delete the addition sustained by CIT(A). - Decided in favour of assessee.
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