TMI Blog2017 (6) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... d considered the operating margin at 9.60% and addition of ₹ 58,57,133/were made to the purchase made by the assessee. The assessee had calculated its operating margin at 6.18 %. Even the operating margin calculated by the TPO is considered as 9.60%, the same comes within the ambit and purview of arm's length. The Commissioner of Income Tax (Appeals) and the Tribunal has considered the said aspect in a plausible manner.Naturally this appeal has to be considered on the substantial questions of law. The grounds which were never agitated before the Commissioner of Income Tax (Appeals) and the Tribunal and those grounds based on the facts, cannot be agitated in the present appeal. No substantial question of law - Income Tax Appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorities has been explicitly prohibited w.e.f. 1.4.2002 and therefore, the ITAT ought not to have issued such directions to the A.O. as are in contravention of the provisions of the statute ? 3. Without prejudice to the above, whether on the facts and circumstances of the case and in law, the ITAT was justified in arriving at their findings without adjudicating on the department's specific ground of appeal before the Tribunal that the CIT(A) was not justified in ignoring other two comparable cases adopted by the TPO? 3. Mr.Pinto, learned Counsel submits that Section 92C(2) has not been properly considered by the Commissioner of Income Tax (Appeals) and the Tribunal. By mere mathematical calculation, it would be seen that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate enterprises for purchase of goods, import of finished goods and other services. The assessee had selected one company namely Avery India Ltd. as a comparable company to benchmark its international transaction by applying TNMM as most appropriate method. Respondent has computed the profit margin of the comparable by using profit level index at 5.45%. The Assessing officer had considered the operating margin at 9.60% and addition of ₹ 58,57,133/were made to the purchase made by the assessee. The assessee had calculated its operating margin at 6.18 %. Even the operating margin calculated by the TPO is considered as 9.60%, the same comes within the ambit and purview of arm's length. 7. The Commissioner of Income Tax (Appeals) a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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