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2021 (1) TMI 52 - AT - Income TaxTP adjustment - business facilitation service provided to AE by the assessee - Comparable selection - assessee had selected itself as the tested party for benchmarking the international transaction of provision of business facilitation services - assessee in its transfer pricing study report applied Transaction Net Margin Method (TNMM) as the Most Appropriate Method (MAM) for benchmarking the business facilitation services transaction with its AE - AR submitted before us that if Icra Onine Ltd alone is included in the final list of comparables chosen by the ld. TPO, the assessee would be well within +/- 5% tolerance range permitted in the statute and hence no adjustment would be required to be made to international transaction of the assessee - HELD THAT:- We find that this Tribunal in assessee’s own case for A.Y.2011-12 [2018 (12) TMI 1853 - ITAT MUMBAI] had directed the ld. TPO to include Icra Online Ltd., in the final list of comparables, among others. Respectfully following the aforesaid judicial precedents in assessee’s own case and considering the argument of the assessee that it would be well within the +/-5% tolerance range after inclusion of Icra Online Ltd., in the final list of comparables, we direct the ld. TPO to include the same in the final list of comparables and in view of this decision, the adjudication of other grounds would become academic and infructuous. Hence, no opinion is given hereunder in respect of other grounds raised by the assessee and they are left open. Accordingly, the grounds raised by the assessee are allowed.
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