TMI Blog2021 (4) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... eal of the assessee becomes infructuous and hence dismissed. Selection of comparable TSR Darashaw Ltd. - The difference of adjustment on account of the same results into the total tax effect of ₹ 34,36,924/- which is less than the minimum tax sum for which the Revenue should prefer an appeal before the ITAT, hence the appeal of the Revenue, being low tax appeal, is dismissed. - ITA No. 1398/Del/2018 ITA No. 3961/Del/2018 - - - Dated:- 5-4-2021 - SHRI KULDIP SINGH, JUDICIAL MEMBER A N D SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Assessee by : Shri Darpan Karaplani, Adv.; Department by : Shri Ashish Kumar [CIT] DR; ORDER PER PRASHANT MAHARISHI, A. M. 1. These are the cross appeals filed by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hod, selected operating profit by total cost as the PLI, selected 6 comparables, used multiple -year data and arrived at a average margin of comparables at 8.29% against its own margin of 9.49% and thus stated in its TP study report that these international transactions are at arm s length. 5. The ld. Transfer Pricing Officer after examining the accep/ reject matrics, and search filters rejected all 6 comparable, applied his own filters after issuing the show cause notice to the assessee considering all the arguments of the assessee reached at a set of 13 comparables, whose average margin was 29.70%. The total cost incurred by the assessee was ₹ 16,32,67,677/- wherein the margin of comparables of 29.70% was applied resulting into A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... / minus 5% range of transaction is considered then no adjustment is warranted. However, assessee is in appeal against the order of the ld. CIT (Appeals) in I.T. Appeal No. 1398 (Del) of 2018. 9. On the appeal of the ld. Assessing Officer, the ld. DR relied on the order of the ld. TPO. The ld. AR submitted that total tax effect in the appeal of the Revenue wherein only one comparable is challenged is merely ₹ 34,36,924/- and, therefore, the appeal does not survive. Even otherwise, he relied on the order of the ld. CIT (Appeals) for exclusion of TSR Darashaw Ltd.. 10. On the appeal of the assessee, the ld. DR agreed that adjustment falls within plus or minus 5% of the international transaction and, therefore, no adjustment is warr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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