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Agilent Technologies (International) Pvt. Ltd. Versus The Assistant Commissioner of Income Tax, Gurgaon

2015 (7) TMI 370 - PUNJAB & HARYANA HIGH COURT

Objection in selection of comparable companies - Inclusion of comparable companies chosen by the TPO, which were functionally not comparable - Non-adjudication of certain grounds raised by appellant in the appeal memo - Question of limitation - Held that:- Non-adjudication of certain grounds raised by appellant in the appeal memo - As regards the third question, learned counsel for the appellant contended that the Tribunal had wrongly recorded that the assessee's counsel had confined the grievan .....

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ot entertaining the application, the appellant is at liberty to adopt appropriate proceedings including in any appeal that may be filed against the main order. Other issues may be taken after final decision of the tribunal There would be no question of limitation, in such a case. The limitation would begin only after the final decision of the Tribunal. - ITA No. 121 of 2014 (O & M) - Dated:- 2-7-2015 - S. J. Vazifdar, Acting Chief Justice And G. S. Sandhawalia,JJ. For the Appellant : Mr. Vishal .....

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nd it fell into error while giving open-ended, capricious/arbitrary directions to the AO/TPO to reconsider certain comparable companies afresh, placing reliance on the Special Bench constituted in the case of Giesecke & Devirent on application of turnover filter, which was pending adjudication and subsequently disbanded? 2) Whether on the facts and circumstances of the case, the Tribunal erred in law in upholding the inclusion of comparable companies chosen by the TPO, which were functionall .....

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e Appellant during the course of hearing? 3. As far as the first question is concerned, the matter has, in fact, not been decided finally by the Tribunal. The Tribunal noted that it had come to its notice that a Special Bench has been constituted to consider the impact of turnover on comparability and further observed that in view thereof, it would not be appropriate for it to adjudicate the issue. The Tribunal, therefore, remitted the issue of comparison on these comparables to the files of the .....

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he appellant before the Tribunal. 4. As regards the third question, learned counsel for the appellant contended that the Tribunal had wrongly recorded that the assessee's counsel had confined the grievance on behalf of the assessee to the inclusion of four comparables in software service segment and that it had only been argued that the comparables mentioned therein had been wrongly included by the TPO. Learned counsel for the appellant has invited our attention to the written submissions fi .....

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