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2021 (8) TMI 1212 - ITAT PUNETP Adjustment - appropriate PLI for benchmarking the international transaction of rendering of business support services in respect of the overseas projects of the AE - not considering return on value added cost (ROVAC) - TPO opined the transaction in the present case is being compared is sales to AE and held the ROVAC cannot be used for the purposes of computing the PLI, as if would directly influence the PLI being in the denomination for computation of the rates - HELD THAT:- The contention of the ld. AR is that the contract charges incurred by the assessee for the services taken from third parties and prayed to treat the assessee as trader. Therefore, in our opinion, the berry ratio becomes academic We deem it proper to remand the matter to the file of TPO for its fresh verification to decide whether the assessee is in the activities of business support service provider or in the trading activities or in the mix of both i.e. business support service provider and trading activities. The assessee is liberty to file all evidences, if any, in support of its claim and the TPO shall decide as indicated above. Appeal of assessee is allowed for statistical purpose.
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