9911796707
TMI Blog2024 (8) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Income Tax Appellate Tribunal, Delhi Bench 'I', New Delhi (for short 'ITAT') where by the ITAT has confirmed the order passed by the CIT(Appeals) setting aside the order passed by the Transfer Pricing Officer-II(1), New Delhi (for short "TPO"), New Delhi holding that there was no material change justifying the revenue to take a different view and the revenue has over a period of time accepted certain facts which were relevant for the purpose of establishing the arm's length price. There was not occasion for re-opening and departure from the settled position by the TPO. The revenue has failed to establish that there were no compelling reasons to depart from the settled position as accepted by the revenue earlier. 3. Learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filters. 7. We have considered the submissions. 8. The aspects raised by the appellant before this Court are purely factual. Though the CIT(A) as well as ITAT have examined the facts in details and as discussed by the TPO and a finding has been arrived at which would be apposite to quote:- "10. We have heard the rival submissions and perused the material available on record. The issue in the present ground is with respect to the working capital adjustment that was sought by the assessee and allowed by the Ld CIT(A). We find that CIT(A) after considering the fact that the TPO has himself given the working capital adjustment to the assessee in A.Ys. 2010-11 & 2011-12 and after relying on the various decisions cited in his order has held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Once the TPO himself has not accepted the said comparable which were considered for assessment proceedings in question while examining the subsequent assessment proceedings, we do not find any justification to allow the inclusion of such comparables for the first time for the year 2009-2010. Moreso, as even for the previous years, the comparables which may have taken into consideration as accepted by the TPO, the departure of course be made for each year assessment but as noticed by both the appellate authorities, the Revenue would have to establish compelling reasons for such departure. 10. In view of the above, we do not find any substantial question of law which needs to be examined afresh by this Court after the concurrent findings of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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