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2017 (8) TMI 340 - AT - Income TaxTPA - valid comparable - exclusion by DRP - Held that:- the accounting period of the comparable company should be the same with that of the assessee-company. - the view adopted by the hon'ble High Court in the case of PTC India Pvt. Ltd. (2016 (9) TMI 1282 - BOMBAY HIGH COURT) is absolutely perfect and is in accordance with the rules prescribed in this regard. We do not find any need or justification or any kind of deviation in this regard. The accounting period of Pfizer Ltd. is ending on 30th November. Therefore, there should be availability of data from December 1, 2008 to March 31, 2009 and also from December 1, 2007 to March 31, 2008. The adjustment is required to be made in such a manner that the last quarter's transactions would be added and the first quarter's transaction would be reduced. Further, the data should be available on the segmental basis and not as a whole. In our considered view, this kind of exercise is neither feasible nor desirable. It will add to lot of confusions in an area which is otherwise also highly subjective and vague. Celestial Labs Ltd. correctly directed for its exclusion on the ground that the said company was engaged in providing host of information technology related services Disregarding the claim of the assessee with regard to the software licence fee claimed as revenue expenditure - Held that:- It is noted by us that though objection was raised by the assessee in this regard, however, the Dispute Resolution Panel has not adjudicated this issue inadvertently. Therefore, we send grounds 3 and 4 back to the file of the Dispute Resolution Panel for its adjudication afresh. It was submitted by the learned counsel that identical issue has already been decided by the Tribunal in the assessment year 2008-09. The assessee is permitted to raise all the legal and factual issues before the Dispute Resolution Panel and may also submit the order of the Tribunal before the Dispute Resolution Panel for its consideration. The Dispute Resolution Panel shall decide this issue afresh
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