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2015 (3) TMI 14 - HC - Income TaxTransfer pricing adjustment - ITAT directing inclusion of data and particulars pertaining to Cyber Media Events Limited in the transfer pricing studies, to determine arm’s length price (ALP) for the purpose of income tax - Held that:- ITAT’s order does not raise a substantial question of law. As observed in the impugned order, as to whether the turnover filter is an appropriate one and applicable cannot be answered in the abstract and is entirely fact dependent. In the given facts of this case, the record indicates that the TPO chose to apply that filter but used it to exclude the data pertaining to M/s. Capital Trust Ltd. This inconsistency went unnoticed even by the DRP. The ITAT corrected the position and noticed that not having applied the turnover filter at the initial stage, the Revenue cannot take advantage, in the facts of the case, particularly when the turnover filter is not a test even in respect of the surviving comparable which are concededly part of the record. For the above reasons, no question of law arises. - Decided against revenue.
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