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2018 (6) TMI 1390 - AT - Income TaxTPA - ALP determination - selection of MAM - Selection of set of comparable companies - Held that:- Before the Ld. DRP, the assessee made both oral and as well as written submissions with respect to issues in hand and the Ld. TPO rejected the comparables including new comparables without assigning any reason and the same were not considered by the Ld. DRP, where the financial data was available but the same was neither considered by Ld. TPO nor by the Ld. DRP. The totality of facts, clearly indicates that the factual matrix needs to be examined afresh at the level of the Ld. DRP. The DRP is at liberty to consider the cases relied upon by the assessee as well as other cases/comparable cases, which are relevant for adjudication for the issues in hand. The assessee is also at liberty to furnish necessary evidences, if any, in support of its claim. Thus, the appeal of the assessee on the issues in hand is remanded back to the file of the ld. DRP for fresh adjudication
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