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2018 (7) TMI 2074 - HC - Income TaxInclusion of Forex loss/income while working out the operating margin - HELD THAT:- As for inclusion of Forex loss/income while working out the operating margin, we are of the opinion that the assessee has to succeed. See M/s Triology E-Business Software Ltd. v. DCIT [2013 (1) TMI 672 - ITAT BANGALORE]. Exclusion of comparable - HELD THAT:- Turnover filter is very important and the companies having a turnover of ₹ 1 Crore to ₹ 200 crores have to be taken as a particular range and the assessee being in the range having turnover of ₹ 8.15 crores, the companies which also have turnover of ₹ 1 to ₹ 200 crores only should be taken into consideration for the purpose of making TP study. Companies functionally dissimilar with that of assessee need to be deselection. Sufficient reason to invoke Section 260-A - We make it clear that the same yardsticks and parameters will have to be applied, even if such appeals are filed by the Assessees, because, there may be cases where the Tribunal giving its own reasons and findings has found certain comparables to be good comparables to arrive at an 'Arm's Length Price' in the case of the assessees with which the assessees may not be satisfied and have filed such appeals before this Court. Therefore we clarify that mere dissatisfaction with the findings of facts arrived at by the learned Tribunal is not at all a sufficient reason to invoke Section 260-A of the Act before this Court.
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