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2013 (7) TMI 699 - HC - Income TaxDetermination of Arm's length price - Tribunal held Comparable used by TPO were not functionally comparable in respect of the services rendered by the respondent/assessee - Held that:- assessee has not conducted a proper T.P.study and has wrongly chosen comparables - CIT(A) has the power to accept fresh claim of the assessee. Marketing support services cannot be compared with turn key Engineering services - services rendered by the respondent / assessee to its associated enterprise are in the nature of marketing services which are entirely different to the set of services in the nature of engineering services rendered by the so called four comparables. Consequently, the adjustment arrived at by the Transfer Pricing Officer and the addition made by the Assessing Officer cannot be sustained on the basis of the Transfer Pricing Study with regard to the four companies which were clearly functionally not comparable - Decided against Revenue.
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