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2022 (6) TMI 1334 - AT - Income TaxTP Adjustment - Comparabaility - HELD THAT:- Companies functionally dissimilar with that of assessee functional profile need to be deselected from final list - RPT filter has to be applied adopting the threshold limit of 15%. Disallowing the import of equipment under the surmise that there were no supporting documents to prove its genuinity - AO treated the value of this asset as a benefit or perquisite by the assessee in the course of its business brought to tax the aforesaid sum under section 28(iv) - DRP rejected the claim of the assessee on the ground that no evidence was placed on record to show that the assessee returned back the equipment - HELD THAT:- We are of the view that this approach of the DRP is incorrect because the question of return of the equipment will arise only when there is evidence to show that the assessee received the benefit in the form of benefit or perquisite from the RDT. Revenue cannot place negative onus on assessee and seek to make impugned addition. The impugned addition is therefore directed to be deleted. Addition for non production of import invoices - HELD THAT:- From a perusal of the given table of import information for the balance assessable value along with the purpose for which these have been imported and the purpose of import as given in the last column of the above table, it is clear that the equipments in question were received from respective suppliers for testing and functionality of IT services provided by the Assessee to them. The issue therefore is identical to ground No.15 and for the reasons stated while deciding those grounds, we are of the view that the addition made cannot be sustained and the same is directed to be deleted.
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