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2016 (6) TMI 1340 - ITAT DELHIAddition on account of arm’s length price adjustment - including certain companies in the final set of comparables and excluding certain companies claimed to be comparable to the assessee - Held that:- Direct the TPO not include M/s. Mohindra Consulting India Ltd. while working out the Arm’s length price adjustment as to the functional dissimilarity as well as a related party transaction to the extent of 15.51 % Direct the TPO to adjudicate the issue as to whether M/s. Mitcon Consultancy and Engg. Services Ltd. is to be included or not after giving a due and proper opportunity of being heard to the assessee. The TPO is also directed to consider the claim of the assessee that this company was functionally different and it failed the service revenue filter. The claim of the assessee with regard to M/s. Tata Consulting Engineers was that it was having different lines of services and having very high turnover filter in comparison to the lower turnover filter of the assesee. This fact should also be examined by the TPO. Accordingly this issue is set aside to the file of the TPO to be adjudicated as directed above. Charging of interest u/s 234D and withdrawing interest u/s 244A - the assessee stated that proper opportunity of being heard was not given by the AO. Therefore this issue should be decided by the AO after giving an opportunity of being heard to the assessee, in accordance with law.
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