Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2011 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 530 - ITAT, DELHIRectification of mistakes - assessee had initially included 15 comparable including this company i.e., 3 DPLM Software Ltd., having OP/TC rate of 44.34 per cent - Even if the percentage of RPT to total revenue is not 97 per cent but is more than 25 per cent even then, this comparable cannot be considered as uncontrolled comparable and the same has to be excluded from the list of comparables finally selected by the TPO - assessee that remaining grounds of the assessee may not be adjudicated upon at this stage and may be left open because the assessee is sure that it will succeed on this issue alone that the RPT in the case of 3 DPLM Software Ltd., is very high and hence that comparable has to be excluded and if that is done then no transfer pricing adjustment is required and therefore the remaining issues are of academic interest only - assessee fails on that count then the assessee can raise these issues again before the Assessing Officer and the Assessing Officer should pass necessary order as per law in that situation - Appeal is allowed for statistical purpose
|