Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 263 - AT - Income TaxTPA - Comparable selection - functional similarity - Held that:- Assessee an Indian company is engaged in the business of software development and distribution of software licenses thus companies functionally dissimilar with that of assessee need to be deselected from final list. The company cannot be treated as comparable as it fails the RPT filter. As applying the employee cost filter, exclusion of companies whose employee cost as a proportion to operating revenue is less than 25%. Addition on account of mismatch in receipt as shown by the assessee and as appearing in the TDS certificates - Held that:- We direct the Assessing Officer to decide the issue afresh after thoroughly examining the submissions and other details filed by the assessee to reconcile the difference in receipts. Assessing Officer must afford reasonable opportunity of being heard to the assessee. This ground is allowed for statistical purposes.
|