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2022 (4) TMI 1331 - HC - Income TaxTP Adjustment - comparable selection - ITAT has erred in excluding M/s Eclerx Services Pvt. Ltd, TCS E-Serve Ltd, BNR Udyog Ltd. and Excel Infoways Ltd as comparables for determining arm’s length price in the case of the respondent - HELD THAT:- It is settled law that exclusion or inclusion of one or other comparable would by itself not constitute a question of law unless it is shown that there are important functional dissimilarities or vital material facts which go to the root of profitability or where other material circumstances are involved - See WSP CONSULTANTS INDIA PVT. LTD. [2017 (11) TMI 464 - DELHI HIGH COURT] and M/S BECTON DICKINSON INDIA PVT. LTD. [2018 (4) TMI 573 - DELHI HIGH COURT] Thus reasoning is factual and discloses the functional and other reasons to elucidate, dissimilarities between the four entities and the Respondent/Assessee. Keeping in view the aforesaid factual background, which is neither doubted nor challenged on the ground of perversity, we do not find any substantial question of law for consideration in this appeal.
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