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2019 (7) TMI 1080 - AT - Income TaxRectification u/s 254 - TPA - comparability selection - HELD THAT:- We notice that similar to assessee, Celestial Bio Labs also offers several services to its AEs and since we are determining with ALP based on TNMM, we consider the average margin of all the several activities carried on by the assessee. On a compartmentalizing two profit making companies with several activities, we can compare the end result, unless they are into product or highly diversified or some activities which will modify the profit making ability of the organization. In this case, we do not see any reason to interfere with the selection process. Therefore, the objection of the assessee to exclude the said company is hereby rejected. With regard to other submissions of the assessee, we have considered the decision of ITAT, Bengaluru Bench and other orders referred by the assessee and gave our findings considering the factual matrix. We are in agreement with the submissions of the DR that bench has already applied the mind and came to the conclusion in the order. He submitted that the comparative analysis is part of determining ALP and is final with a quietus at the hands of the final fact finding authorities, bench has given clear cut findings. Therefore, the Bench came to the conclusion after considering all the facts and not inclined to review our decision as the ITAT has no power to review its own order u/s 254(2) of the Act.
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