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2014 (2) TMI 1222 - AT - Income TaxTransfer Pricing adjustment - Retention of Zenith Infotech Ltd. as comparable company - Not granting an opportunity to the assessee with regard to acceptability of additional comparables and Internal TNMM - Held that:- Having heard the rival submissions and perused the orders of the lower authorities and the relevant material evidence brought on record in the light of the Rule 18(6) of the Income Tax Appellate Tribunal Rules 1963, in our understanding of law, internal TNMM should get precedence over the external TNMM comparables. In the interest of justice and fair play, we restore this issue back to the files of the TPO. The TPO is directed to consider the internal comparable TNMM. The assessee is directed to provide necessary details to the TPO. Being fair to both parties, we allow the assessee to bring forth additional comparables and direct the TPO to accept/reject the same after necessary examination/verification as per the provisions of law. - Decided in favour of assessee for statistical purposes.
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