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2017 (11) TMI 586 - HC - Income TaxClubbing of income for Arm’s Length Price (ALP) determination - clubbing of two distinct revenue streams i.e. sale of air time with distribution business, advertisements, sale business, etc by ITAT - ITAT upheld the Appellate Commissioner’s findings that the transactions in question ought to be analyzed in conjunction i.e. after aggregation for arm’s length purposes and also found that the assessee had structured itself in a manner that its profit was maximized as a whole rather than independently as regards these two activities - Held that:- The Court is of the opinion that the ITAT’s decision cannot be faulted. The rejection of the RBI guidelines and the TPO’s omission given due weight to the down linking guidelines were a relevant factor, which in our opinion, the CIT(A) and the ITAT correctly noted to reverse the original findings. It is a settled proposition that whether to segregate or not segregate two transactions, is entirely a fact dependent exercise that cannot per se be treated as a question of law. In the present case, the reasons which impelled the lower authorities i.e. the CIT (A) and the ITAT to uphold the assessee’s plea with regard to aggregation for ALP purposes, are reasonable and cannot be interfered with. - Decided against revenue
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