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2021 (7) TMI 1428 - AT - Income TaxTP Adjustment - Comparable selection - functional dissimilarity - HELD THAT:- As based on functional dissimilarities and also in the absence of segmental details for marketing support service exclusion of Aptico Ltd.,BVG India Ltd., Axis Integrated System Ltd.,Killick Agencies and Marketing Ltd. and include Quadrant Communication Ltd., which was included as a comparable company by the assessee and upheld by the ld. DRP, more so, when the revenue is not in appeal before us, against such inclusion. The ground Nos. 2.1 to 2.9 raised by the assessee are disposed of in the above mentioned terms. Addition made on account of marketing service fees - HELD THAT:- We find that the ld. DR argued that assessee is a low level marketing service provider and as such should have operated at cost plus margin model and hence, ought not to have incurred in loss of ₹ 2 Crores in the incentives given to travel agents. We find that this is not even the case of the lower authorities and hence, the argument of the ld. DR could not be appreciated at this stage. Respectfully following the aforesaid decision in assessee‟s own case for A.Y.2012-13 the addition made on account of income from marketing service fees is hereby directed to be deleted. Disallowance made on account of foreign exchange loss - HELD THAT:- We find that the same issue was the subject matter of adjudication in assessee‟s own case by this Tribunal for A.Y. 2012-13 thus we direct the ld. AO to grant deduction towards foreign exchange loss.
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