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2019 (10) TMI 1580 - AT - Income TaxTP Adjustment - comparable selection - HELD THAT:- As assessee, in the instant case is engaged in the business of providing marketing, supervising and support services for the mining/meteorological/metals & minerals processing industry. The segment of market support services has been benchmarked by the assessee using TNMM as the most appropriate method and OP/TC as the PLI, thus Aptico Ltd.; Info Edge (India) Ltd.; MMTV Ltd.; TSR Darashaw Ltd. and Global Procurement Consultants Ltd., cannot be considered as comparables with that of the assessee company as functinally dissmilar,. Accordingly, the TPO is directed to exclude these comparables. TDS u/s 195 - Non-deduction of tax from the payment made to Outotec Oyj - whether amounts received by the assessee from Outotec India Pvt. Ltd., does not qualify as FTS as per DTAA? - HELD THAT:- We find merit in the argument of assessee that when the payee is not liable to tax on the payments received from the assessee company, the question of deduction of tax does not arise. The assessee also made a statement at the bar that the Revenue has accepted the decision of the Tribunal and has not filed any appeal before the Hon'ble High Court. We, therefore, dismiss the ground raised by the Revenue challenging the deletion made by the Assessing Officer for non-deduction of tax from the payments made to Outotec Oyj. The ground raised by the Revenue is accordingly dismissed.
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