Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 1901 - AT - Income TaxTP Adjustment - Comparable selection - whether orders passed by learned DRP and by this Tribunal in the case of Vodafone India Services Pvt. Ltd. [2014 (12) TMI 563 - ITAT MUMBAI] could be used in the hands of the assessee herein? - HELD THAT:- We find that the very same business carried out by the assessee up to 4.12.2007 was carried out by Vodafone India Services Pvt. Ltd. for the remaining part of the financial year. We also find that the very same seventeen comparable companies were selected by learned TPO while framing transfer pricing assessment in the hands of Vodafone India Services Pvt. Ltd. for A.Y. 2008-09. Hence, we hold that there is no harm in following learned DRP‟s order and order of this Tribunal for assessee-herein. From the aforesaid table, it could be seen that average of final eight comparable works out to 15.85%, whereas assessee‟s margin was 15.65%. Giving credit to the assessee for range of plus/minus 5%, we hold that assessee‟s margin would be at arm‟s length.
|