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2015 (4) TMI 1324 - AT - Income TaxTP Adjustment - Comparable selection - assessee had sought inclusion of the two companies as comparables before the CIT(A) of Ace Software Exports Ltd.and Cressanda Solutions Ltd. - HELD THAT:- The annual report of these two companies were also furnished by the assessee before the CIT(Appeals). A write up giving business description of the above two comparable companies which was filed by the Assessee before CIT(A). In the impugned order of the CIT(Appeals), the above submissions were not considered by the CIT(Appeals) at all. We are therefore of the view that it would be just and appropriate to direct the TPO/AO to consider the comparability of these two companies. Higher rate of depreciation of comparable companies - the limited request of assessee is to allow proper adjustments on account of rates of depreciation adopted by the comparable companies - HELD THAT:- In our view, the request of the assessee is proper and deserves to be accepted in the light of the decision of the Pune Bench cited by the ld. counsel for the assessee supra. We accordingly direct the TPO to allow appropriate adjustments while working out the margins of the assessee as well as comparable cases.
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