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2017 (5) TMI 1648 - ITAT DELHITPA - adjustment in value of international transaction - comparable selection - Held that:- The assessee is rendering services to industries operating in (1) Fertilizer, (2) Petro-Chemical, and (3) Refinery and Oil & Gas sector, thus companies functionally dissimilar to that of assessee need to be deselected from final list. Risk adjustment - Held that:- The risk taken by an independent entity and the captive service provider are different and since the remuneration of the captive service provider is not linked with the performance, it is not a significant risk and, therefore, a suitable adjustment should be allowed. Accordingly, we restore the matter to the file of the Ld. TPO/AO for examination of the issue and provide suitable adjustment towards risk in accordance to the law. The assessee is directed to extend cooperation to the Ld. TPO in quantification of risk adjustment. Accordingly, this ground stands allowed for statistical purposes.
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