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2018 (5) TMI 514 - AT - Income TaxTPA - adjustment on account of Fixed Assets - Held that:- We find that the assessee has benchmarked the same at cost which has been accepted by the revenue and Ld. DRP, after appreciating the evidences submitted by the assessee has deleted this adjustment altogether. It has been submitted before us that no appeal against the same has been filed by the revenue and therefore, the matter has already attained finality. Adjustment on account of Sales Support Services - prime grievance of the assessee revolves around method of cost allocation between trading activity and sales support services - Held that:- Assessee, vide its letter dated 18/10/2010 made several submissions to contest the adjustment under this head. The said submissions, in our opinion, are vital to adjudication of this issue since these submissions, besides pointing out certain errors in the computations made by Ld. TPO, contain alternative submissions as to cost allocation and determination of ALP of these transactions. The said submissions have altogether been ignored by Ld. TPO as well as Ld. DRP, since the same, prima facie, has been submitted by the assessee after passing-off of the order by Ld. TPO - remit this matter back to the file of Ld. AO / TPO for due consideration and re-adjudication Use of multiple year data - Held that:- No force in the same since it is settled proposition and also in terms of Rule-10B(4), single year data of impugned AY has to be given preference to benchmark the transactions as against data of earlier years. This ground raised in all the three years fails.
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