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2020 (12) TMI 730 - AT - Income TaxTP Adjustment - Comparable selection - HELD THAT:- Assessee ought to have demonstrated difference in the rates of depreciation charged by it vis-à-vis the comparables for seeking any adjustment on this score. The ld. AR submitted that such a data portraying difference in rates of depreciation can be compiled very easily and hence requested for granting one more opportunity for making out a case on the above lines before the authorities below. In view of the foregoing discussion and more specifically because of remand order in the first round of proceedings on this count, we are of the considered opinion that it would be in the interest of justice if the impugned order is set aside and the matter is restored to the file of AO/TPO for deciding this issue afresh in the light of new calculation sheet(s) which the assessee is contemplating to file depicting difference in the rates of depreciation by the assessee as well as comparables warranting adjustment, if any. It is made clear that the onus to prove the difference in rates of depreciation between the assessee and comparables will obviously be upon the assessee, who is claiming such an adjustment and also once this exercise is undertaken, it needs to be given a logical conclusion across the board notwithstanding that it may lead to having adverse impact in some comparables, where the rate of depreciation charged may be lower than that of the assessee. However, such an exercise should not put the assessee in more prejudicial position than in which it is before carrying out such an adjustment.
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