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2014 (3) TMI 967 - ITAT MUMBAIDetermination of arm's length price - Held that:- difference in arm's length margin is 3.98% and the Tribunal in its order for assessment year 2008-09 in assessee's own case has held that the functional profile of M/s Gemini Communications Ltd. has not been properly dealt with by lower authorities and gave a direction to the TPO to reconsider the same and passed appropriate order. It was also brought to our notice that till date no such effect has been given to the order of the Tribunal. From the record, we also find that assessee had furnished a chart before the DRP which disclosed that the total turnover from AE's was ₹ 119.78 crores and it constituted only 39.13% of the total revenue. Thus, if at all any adjustment is made to the income of the assessee it should be restricted to the international transactions of the assessee. - ₹ 17,90,408/- was claimed by the assessee as TDS in the revised return filed for assessment year 2009-10, however, the same was not given credit by the AO. After adjusting ₹ 17,90,408/-, the balance works out to be ₹ 14,98,605/-(32,89,013-17,90,408). After going through the entire material placed before us and considering the financial position of the company vis-à-vis balance of convenience and without going much into merits of the addition, we grant stay for six months - Stay granted.
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