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2021 (3) TMI 419 - AT - Income TaxTP Adjustment - determination of ALP for provision of SWD services by the Assessee to its AE - comparable selection - application of turnover filter in choosing comparable companies - HELD THAT:- As far as excluding the companies on the basis of turnover is concerned, the issue has been settled in several decisions of the Tribunal and has been elaborately discussed by this Tribunal in the case of Autodesk India Pvt. Ltd. [2018 (7) TMI 1862 - ITAT BANGALORE] turnover is a relevant criterion for choosing companies as comparable companies in determination of ALP in transfer pricing cases. There is no decision of the jurisdictional High Court on this issue. In the circumstances, following the principle that where two views are available on an issue, the view favourable to the Assessee has to be adopted, we uphold the order of the DRP excluding 5 companies from the list of comparable companies chosen by the TPO on the basis that the 5 companies turnover was much higher compared to that the Assessee.
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