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2017 (11) TMI 1895 - ITAT BANGALORETP Adjustment - Comparable selection - HELD THAT:- Onsite filter has to be applied but since it was applied by the DRP to only one comparable, all the comparables should be examined in the light of this filter and thereafter, the list of comparables should be finalized. We want to mention that in respect of those comparables which are passing through this filter i.e. onsite filter, the DRP should examine the applicability of all other relevant filters also and all other objections such as functional similarity / dissimilarity etc. also to decide about inclusion or exclusion of such comparables after providing adequate opportunity of being heard to both sides. Hence the entire TP matter is restored back to the file of DRP for fresh decision. Computing of deduction u/s. 10A - Reducing the expenditure incurred in foreign currency both from export turnover as well as total turnover - HELD THAT:- This issue is squarely covered in favour of the assessee by the judgment of Hon'ble Karnataka High Court rendered in the case of CIT v. Tata Elxsi Ltd. [2011 (8) TMI 782 - KARNATAKA HIGH COURT] held that total turnover is sum total of export turnover and domestic turnover and therefore, if an amount is reduced from export turnover then total turnover also goes down by the same amount. Respectfully following this judgment of Hon'ble Karnataka High Court, we decline to interfere in the order of DRP on this issue. Ground nos. 2 and 3 of revenue's appeal are rejected.
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