TMI Blog2018 (7) TMI 2080X X X X Extracts X X X X X X X X Extracts X X X X ..... for not allowing any risk adjustment following its earlier view in the case of Zyme Solutions Pvt. Ltd. vs. ITO [ 2016 (6) TMI 1375 - ITAT BANGALORE] quoted in the said order. ITAT justification in not following Section 253(4) read with Rule 22 of the Income-tax (Appellate Tribunal) Rules, 1963 - HELD THAT:- We do not find any force in the said submission of the learned counsel for the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer vs. M/S. Solidcore Techsoft Systems (India) Pvt. Ltd.,) for A. Y. 2010-11. 2. The proposed substantial questions of law framed in the Memorandum of appeal by the Appellant- assessee are quoted below for ready reference:- 1. Whether the Honourable ITAT was justified in not allowing market risk adjustment despite the fact that Rule 10B (3) of the Income-tax Rules, 1962 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23. We have perused the orders and heard the rival contentions. No doubt, DRP had followed a coordinate bench decision in the case of Inellinet Technologies India P. Ltd v. ITO [ITA No.1237/Bang/2007], in taking a view that single customer risk borne by a tax payer as a competing service provider was equivalent to the market and technical risk borne by the comparables. Nevertheless assessee itse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the circumstances, we are of the opinion that DRP ought not have directed the TPO to consider the risk adjustment at 1%. We find merit in this ground taken by the Revenue. Ground 5 of the Revenue is allowed. In view of the facts and circumstances when the assessee has not made any attempt to quantify the risk or furnish the details for computation of risk adjustment then by followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided by the learned Tribunal. 6. We do not find any force in the said submission of the learned counsel for the appellant assessee. If the cross-objection filed by the appellant assessee in the appeal is registered and not decided by the learned Tribunal, the appellant-assessee itself may file proper Miscellaneous application before the learned Tribunal. With the above observat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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