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2017 (4) TMI 1462 - AT - Income TaxTP Adjustment - comparable selection - HELD THAT:- Infosys Technologies cannot be compared with any other company like that of the assessee-company engaged in the business of provision of marketing data management services to customers of SMS USA. This ground of the revenue is dismissed. Direction of the DRP that DRP to give IT risk adjustment to assessee-company - HELD THAT:- DRP only as a means of guidance has sought IT risk adjustment but the matter was restored to the file of the TPO to calculate risk adjustment in accordance with well accepted method. By this direction, the revenue could not be aggrieved. Benefit u/s 10A - reducing telecommunication expenditure and insurance incurred in foreign currency from export turnover - HELD THAT:- The issue sought to be raised in the above grounds is covered in favour of the assessee by the decision of the Hon’ble Karnataka High Court in the case of Tata Elxsi Ltd. ( [2011 (8) TMI 782 - KARNATAKA HIGH COURT]) as directed the AO to reduce this expenditure from export turnover as well as total turnover for the purpose of calculating benefit u/s 10A . Since the DRP has only followed the decision of the jurisdictional High Court in the cased of Tata Elxsi Ltd. (supra), we do not find any merit in the appeal raised by the revenue, hence dismissed.
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