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2021 (8) TMI 1358 - AT - Income TaxTP Adjustment - comparable selection - HELD THAT:- Acropetal Technologies has been held to be into products and that RPT is at 18.66% which is beyond the marginal limit of 15% for year under consideration, by this Tribunal, in case of Electronics for Imaging India Pvt.Ltd for assessment year 2011-12 [2017 (7) TMI 1335 - ITAT BANGALORE] We therefore do not find any this comparables to be functionally similar with assessee. E- Infochips Ltd. does not satisfy service income filter being 75%. We therefore, do not see any reason to set aside this company to Ld.TPO. Therefore, respectfully following view taken by coordinate bench of this Tribunal in DCIT vs M/s CGI Information Systems and Management Consultations Pvt.Ltd. [2018 (4) TMI 567 - ITAT BANGALORE] we direct Ld. TPO to exclude this company. ICRA Techno Analytics Ltd., E-Zhest Solutions Ltd have been consistently excluded by this Tribunal in case of a captive service provider like assessee. CIT.DR could not establish anything contrary to observations of this Tribunal reproduced hereinabove. Respectfully following aforestated view, we do not find any infirmity in exclusion of these comparables by DRP. Addition in respect of advertisement expenses - re-allocation of expenses from the Non-STPI unit to the STPI units - HELD THAT:- As Tribunal, in assessee's own case for AY 2009-10 [2015 (8) TMI 1447 - ITAT BANGALORE] deleted identical addition made on account of re-allocation of expenses from the Non-STPI to the STPI unit as they wew made without any basis. Revenue has not been able to establish any factual difference in the year under consideration with that of AY 2009-10. Respectfully following the same we do not find any infirmity in the view taken by the Ld.CIT(A). Deduction u/s 10A - reducing the expenditure incurred in travel, telecommunicaiton etc. from export turnover and toatl turnover for compulting deduction - HELD THAT:- Admitedly this issue stands settled by Hon’ble Supreme Court in case of HCL Technologies Ltd. [2018 (5) TMI 357 - SUPREME COURT] Respectfully following the same, we do nto find any infirmtiy in the view taken by Ld.CIT(A). Accordingly this ground raised by revenue stands dismissed.
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