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2014 (11) TMI 1211 - TELANGANA AND ANDHRA PRADESH HIGH COURTTP Adjustment - rejecting comparable companies on the ground of exceptionally large scale of operations - HELD THAT:- Tribunal dealt at length with each of such companies and found on the basis of earlier Tribunal decisions that the companies were not comparable to the assessee. These findings purely turned on fact and no question of law, much less a substantial question of law, arises for consideration. Deleting Ishir Infotech as comparables ignoring the fact that the said company satisfies the employee cost filter - HELD THAT:- Nothing is placed on record to show that the earlier Tribunal decisions which were relied upon were set at naught. We therefore find no reason to interfere in so far as this issue is concerned. Tribunal (ITAT) deleting the comparable on functional difference ground ignoring the information obtained u/s 133(6) and also not giving opportunity to Transfer Pricing Officer (TPO) to examine the new facts, brought for the first time before the Hon’ble Tribunal (ITAT) - HELD THAT:- Tribunal relied on the judgment of the High Court in Gemplus Jewellery [2010 (6) TMI 65 - BOMBAY HIGH COURT] and the Special Bench decision of the Income Tax Appellate Tribunal at Chennai in ITO vs. Sac Soft Limited [2009 (3) TMI 243 - ITAT MADRAS-D]
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