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2010 (11) TMI 634 - AT - Income TaxDetermination of ALP - It is claim of the assessee that the assessee has only utilized computer system and software for the purpose of preparing engineering designs, drawings, calculations and other relevant data-sheet instead of doing them manually - Therefore, unless the functional profiles of the assessee company are examined minutely and in detail, it is very difficult to say that the assessee is engaged in the business of software development - All these exercises had not been properly done by the TPO or DRP - Therefore, restore the matter back to the file of the AO/TPO for fresh adjudication after considering the assessee's activities or works and then to select the comparables having identical or similar functional profile to that of the assessee and then to determine the ALP in the light of the various guidelines laid down by Tribunal in the case of Mentor Graphics (Noida) (P) Ltd (2007 -TMI - 65518 - ITAT DELHI-H).- Thus, the appeal filed by the assessee is treated to be allowed for a statistical purpose.
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