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2016 (3) TMI 1353 - AT - Income TaxTP Adjustment - selection of comparable - HELD THAT:- As relying on M/S. MAERSK GLOBAL SERVICE CENTRES (INDIA) PVT. LTD. VERSUS DCIT CIRCLE- 6(3), MUMBAI [2015 (1) TMI 917 - ITAT MUMBAI] Vishal has been held to be not a good a comparable, inter alia, on the ground that it has outsourced its ITES work. Vishal has, thus, acted more like an intermediary than a ITES service provider in its own right. Respectfully following the views of the coordinate benches, therefore, we direct the Assessing Officer to exclude Vishal from the final list of comparables. As for the plea raised by the revenue, we find that the issue is covered in favour of the assessee, and, no interference in the well reasoned findings of the CIT(A) is thus called for. It is not even in dispute that CG Vak Software has made profits in the subsequent year, and that is the reason the DRP has held it to be includible in the list of comparables. We approve the stand of the DRP on this point, and decline to interfere in the matter. We, however, make it clear that our aforesaid decision for this year shall act to the prejudice of the assessee to raise other grievances on the comparables, which are, according to the assessee, wrongly included in the final list of comparables, or the comparables, which have not been included in the final list of comparables but which, according to the assessee, should have been included in the list of comparables.
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