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2019 (4) TMI 2128 - AT - Income TaxTP Adjustment - Validity of order of DRP in comparable selection - HELD THAT:- DRP had passed a cryptic order and had not specifically decided the ground raised by the assessee with respect to each of the comparables and had only decided the functional comparability of Infosys. We may also point out that the DRP in para 6.5 has mentioned that the assessee has objected to six comparables. However the DRP had only mentioned four comparables in the table below para 6.5, whereas the objection was raised in respect of six comparables. This also shows the total nonapplication of mind by the DRP. Order passed by the DRP is cryptic, stereotyped and is without any reasoning. In fact the DRP has followed the reasoning given by the TPO without any discretions of the objections of the assessee in respect of both the segments. We expect the DRP to give a reasoned and cogent finding while dealing with the contention of the assessee with respect to exclusion / inclusion of the comparables. As the order was silent on material aspects, therefore we remand the whole of the TP issue pertaining to inclusion / exclusion to the file of the DRP with a direction to pass a reasoned and speaking order. Appeals of the assessee is allowed for statistical purpose.
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