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2019 (2) TMI 1707 - AT - Income TaxComputation of deduction u/s. 10A - reducing the expenditure incurred in foreign currency both from the export turnover as well as the total turnover - HELD THAT:- We find that so long as the judgment of Hon'ble jurisdictional High Court holds the field, all subordinate authorities are supposed to follow the same. Therefore, we find no infirmity in the order of the DRP, which has adjudicated the issue following the judgment of the Hon'ble jurisdictional High Court in the case of Tata Elxsi Ltd. [2011 (8) TMI 782 - KARNATAKA HIGH COURT] . We accordingly confirm the order of DRP. TP Adjustment - comparable selection - assessee submitted that the TPO having chosen lower turnover filter ought to have excluded companies whose turnover was less than ₹ 200 crores - HELD THAT:- As rightly submitted by the assessee, the decision rendered by the Hon'ble High Court of Karnataka in the case of Acusis Software (I) P. Ltd. [2018 (8) TMI 1885 - KARNATAKA HIGH COURT] does not positively say that for a company to be excluded on the basis of high turnover, the tolerance range of turnover of 10 times on both the sides of assessee's turnover has to be seen. Even the Tribunal in the order against which the appeal was filed, did not proceed on application of turnover filter with any such condition. Therefore, it is not correct to say that for application of turnover filter, tolerance range of turnover of 10 times on both the sides of assessee's turnover has been laid down by the Hon'ble High Court. The Hon'ble High Court held that the order of Tribunal is correct and calls for no interference and further held that no question of law arose for consideration. The decision rendered in the case of Autodesk (I) P. Ltd. [2018 (7) TMI 1862 - ITAT BANGALORE] of the Tribunal after analysing every conflicting views has ultimately concluded that the law laid down in the case of Genesis Integrated Systems (I) P. Ltd. [2011 (8) TMI 952 - ITAT BANGALORE] has to be followed.
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