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2013 (4) TMI 267 - ITAT DELHITransfer pricing adjustment u/s. 92CA(3) - Enhancing the income of the appellant - resorting to arbitrary rejection of low profit / loss making companies from comparables - Held that:- As in this case the assessee sought permission to file additional evidence in support of the grounds of the said appeal with regard to Annual Repot of comparables i.e. Oil Field Instrumentation (India) Limited for Financial year 2006-07,Year 2007-08, Annual Report of Fugro Geotech Limited for Financial year 2006-07, Internet reference for products and services for Furgo Geotech Limited & Relevant extract of OECD guidelines (Para 3.59) Thus assessee should be granted permission to file the additional evidences as the same will go to the root of the matter and facilitate adjudication of the issue raised in the appeal. Henc the additional evidences admitted & the AO should be provided an opportunity to go through the same and give his perspective in this regard. The AO shall adjudicate the issue afresh, after considering the additional evidences submitted by the assessee - Assessee's appeal allowed for statistical purposes.
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