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2016 (9) TMI 1575 - ITAT BANGALORETP Adjustment - DRP granting 1% risk adjustment arbitrarily - HELD THAT:- ITAT in Intellinet Technologies Pvt. Ltd [2012 (6) TMI 237 - ITAT BANGALORE] held that the risk of having a single customer is an anticipated risk which may or may not happen unlike the marketing and technical risks which have to be contemporaneously dealt with by the comparables. ITAT did not accept that the risk adjustment should be by 5% or at the difference of PLR of the RBI and the banks, and directed the TPO to consider all the contentions and decide the percentage of risk adjustments to be made in accordance with law. Respectfully following the decision of the Hon’ble ITAT Bangalore as above the TPO is directed to decide the percentage of risk adjustments to be calculated in this case. By means of guidance, it may be mentioned that in the case of DCIT Vs. Hello Soft Pvt. Ltd. [2013 (10) TMI 747 - ITAT HYDERABAD]1% adjustment to the average margin was provided towards risk differential. - Decided against revenue
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