Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 2012 - HC - Income TaxTP Adjustment - comparable selection - Tribunal excluding one M/s. Bodhtree Consulting Limited - HELD THAT:- This issue had come up before this Court earlier in case of Tata Power Solar Systems Ltd. [2016 (12) TMI 1600 - BOMBAY HIGH COURT] a party is not barred in law from withdrawing from its list of comparables, a company, if the same is found to have been included on account of mistake as on facts, it is not comparable. Transfer Pricing Mechanism requires comparability analysis to be done between like companies and controlled and uncontrolled transactions. This comparison has to be done between like companies and requires carrying out of FAR analysis to find the same. Assessee's submission in arriving at the ALP is not final. It is for the TPO to examine and find out the companies listed as comparables which are, in fact comparable. Appeal is dismissed.
|