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2019 (9) TMI 921 - HC - Income TaxTP Adjustment - adjustment in respect of the international transaction only and not on the entire sales - Whether the assessee had failed to prove that the margin of profit of the AE transaction is the same as the margin of profit of the non-AE transaction? - HELD THAT:- Transfer Pricing adjustment has to be done only in respect of related party transactions and not on all transactions. See SANDVIK ASIA PVT. LTD., [2018 (5) TMI 262 - BOMBAY HIGH COURT] Exclude Genesys International Corporation Ltd. And Cosmic Global Ltd. from the set of comparables - HELD THAT:- Functionally M/s. Genesys And Cosmic Global Ltd. was different from the Respondent. Therefore, would not be an appropriate comparable. Risk adjustment - HELD THAT:- Tribunal allows the Respondent’s appeal by way of remand to the Assessing Officer to examine the issue of risk adjustment while arriving at the ALP. In fact, it follows its earlier order [2016 (7) TMI 238 - ITAT PUNE] in respect of Assessment Year 2008-09 in respect of the same Respondent. From The order of tribunal, no substantial question of law arises - appeal of the revenue dismissed.
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