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2022 (2) TMI 1296 - AT - Income TaxTP Adjustment - Comparable selection - HELD THAT:- The fact that the TPO rejected the TP study of the Assessee cannot be the basis not to consider the claim of the Assessee for inclusion of comparable companies. CPC excluded the companies only on the ground that information related to these companies was not available in the public domain and this fact was shown to be an incorrect assumption by the Assessee in the submissions before the DRP. In such circumstances, it was incumbent 011 the part of the DRP to have adjudicated the question of inclusion of the companies as comparable companies. The fact that these companies do not figure in the search matrix of the TPO is not and cannot be a ground not to consider inclusion of these companies as comparable companies. Since the DRP has failed to do so, we are of the view that the issue regarding inclusion of the aforesaid companies as comparable companies should be set aside to for fresh consideration in the light of the information available in public domain. Thus ground as treated as allowed for statistical purposes.
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