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2015 (6) TMI 98 - ITAT DELHITransfer pricing adjustment - ALP - excluding Vishal as a comparable - Held that:- Merely because the assessee had included a comparable in its TP documentation, it could not be debarred from seeking rejection of that company at a later stage of assessment appellate proceedings. Applying the same principle, the assessee pleads to consider the aforementioned reasons for excluding Vishal as a comparable. Further, under TNMM, minor differences in the business profile of the appellant and the comparables would be evened out. However, selecting only few comparables from the entire comparable set would defeat the meaning of application of TNMM as the most appropriate method. Thus respectfully following the precedents of the Tribunal in the case of M/s TNS India Pvt. Ltd. vs. Addl. CIT Assessment Year 2006-07 (2014 (10) TMI 504 - ITAT HYDERABAD) and M/s Google India Pvt. Ltd. vs. DCIT (2013 (3) TMI 172 - ITAT BANGALORE) we direct the AO to exclude M/s Vishal Information Technologies Ltd. from the list of comparables. - Decided in favour of assesse.
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