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2020 (10) TMI 841 - AT - Income TaxTP Adjustment - comparability of Sasken Communication Technologies Ltd with that of assessee - HELD THAT:- This comparable cannot be compared with a contract service provider like assessee and accordingly direct Ld. AO/TPO to exclude this company from finalist. Indexation for computing capital gains on slump sale - Rectification of mistake - Tribunal inadvertently mentioned section 55 instead of section 50 B - HELD THAT:- AO to compute the quantum of capital gains in accordance with law as slum sale. Ld. AO is directed to decide the cost of the undertaking for the purpose of computing capital gains that is arisen on transfer of asset as a going concern and is directed to value as per section 50 B of the act. Ld. AO is also directed to decide the depreciation on the block of assets and capital gain has to be computed in accordance with section 40-50 and section 50 B of the act. Accordingly we allow this ground raised by assessee. Addition u/s 40(a)(ia) for non-deduction of TDS - HELD THAT:- Primarily, this issue is against assesee in case of CIT Vs. Samsung Electronics Ltd. [2009 (9) TMI 526 - KARNATAKA HIGH COURT]. However, Ld.AR submitted that TDS has been deducted on payment made to Software Productivity Research Asia Pacific PTE Ltd. Details of the TDS deducted is furnished by assessee in Form 15CB. We therefore directed Ld.AO to verify the same. If claim of assessee is found to be correct, no disallowance should be made to the extend, TDS is deducted. Accordingly this ground raised by assessee stands allowed for statistical purposes.
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