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2014 (11) TMI 988 - ITAT DELHIContravention of Rule 46A(3) of the IT Rules - adoption of a different rate of OP/TC of two companies - Held that:- Assessee, vide its letter dated 13.10.2008 addressed to the TPO, a copy of which is placed on pages 233 onwards of the paper book, calculated unadjusted OP/TC of this company at 16.15%. The detailed calculation is given along with this letter. Without adversely commenting on such calculation, the TPO proceeded to include a different percentage while calculating the arithmetic mean of OP/TC of the comparable companies. The ld. CIT(A) substituted the correct OP/TC as was given to the TPO. In our considered opinion, there is no admission of any additional evidence at the ld. CIT(A)’s end. He has simply taken the figure from the letter given by the assessee to the TPO accompanied by the detailed calculation, which was not controverted by the TPO. - no infirmity can be traced in the order of the ld. CIT(A) in correcting the OP/TC margin of this company, which is without the assistance of any additional evidence filed before the ld. CIT(A) in contravention of Rule 46A(3) - Decided against Revenue.
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