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TMI Blog2024 (3) TMI 951X X X X Extracts X X X X X X X X Extracts X X X X ..... gh: Mr. Sunil Agarwal, SSC with Mr. Shivansh B. Pandya, JSC, Mr. Utkash Tiwari & Mr. Amaan Ahmed Khan, Advs. For the Respondent Through: Mr. Sachit Jolly, Ms. Disha Jham, Ms. Soumya Singh & Mr. Devansh Jain, Advs. ORDER CM APPL. 40633/2023 (86 Days Delay in filing) 1. This is an application filed by the appellant seeking condonation of 86 days delay in filing the appeal. For the reasons st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Reliance Telecom Ltd. [(2022) 440 ITR 1 (SC)]? 4. The impugned order has been passed by the ITAT on a Miscellaneous Application moved by the respondent-assessee subsequent to the appeal itself having been disposed of on 29 September 2020. It becomes relevant to note that in the order of 29 September 2020, the ITAT while considering whether Persistent Systems Ltd. ["PSL"] should be accepted for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble analysis. xxxx xxxx xxxx 21. ..........In view of the above facts, we do not find any infirmity in the order of the learned transfer pricing officer as well as the direction of the learned that DRP in holding that persistent Systems Ltd is a good comparable. Therefore, we reject the argument for its exclusion." 5. Insofar as Sasken Communication Technology Ltd. ["Sasken"] is concerned, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee how he has changed the above margin and on what basis the margins have gone up to 33.2% from 7.28%." 6. As would be ex facie evident from a reading of paras 12 and 21 of the original order, the ITAT had clearly rendered incompatible and inconsistent findings. In fact we are constrained to observe that paras 12 and 21 were clearly contradictory. It was thus not only imperative but also expedie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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