2017 (10) TMI 943 - HC - Income Tax

TPA - comparable selection - exclusion and inclusion of comparables for the purpose of determination of arm s length price of the international transactions entered into by the Assessee with its associated enterprises - Held that - The Court finds that the ITAT has given cogent reasons for the exclusion and inclusion of comparables and therefore, no substantial question of law arises on this issue. As far as the issue concerning Section 14A apart from the tax effect being inconsequential, ITAT has relied on its orders for the earlier AYs. Consequently, no subsequent question of law arises on this aspect as well.

Summary

Issues:
Delay in filing and re-filing the appeal, exclusion and inclusion of comparables for determining arm's length price, application of Section 14A of the Income Tax Act 1961.

Delay in filing and re-filing the appeal:
The appellant sought condonation of delay in filing and re-filing the appeal citing departmental administrative procedures as the reason. The Supreme Court's stance on condonation of delay was referenced, emphasizing the need for a reasonable and acceptable explanation for delays, cautioning against using delay condonation as an anticipated benefit. The court found the appellant's explanation insufficient and proceeded to examine the merits of the case, which involved an appeal by the Revenue against an ITAT order for the Assessment Year 2009-10.

Exclusion and inclusion of comparables for determining arm's length price:
The first question of law raised concerned the exclusion and inclusion of comparables for determining the arm's length price of international transactions with associated enterprises. The court noted that the ITAT provided cogent reasons for its decisions on comparables, leading to the conclusion that no substantial question of law arose on this issue.

Application of Section 14A of the Income Tax Act 1961:
Regarding the application of Section 14A of the Income Tax Act 1961, the court observed that the tax effect was inconsequential, and the ITAT's reliance on its earlier orders for previous assessment years was noted. Consequently, the court found no subsequent question of law arising on this aspect. Ultimately, the appeal was dismissed both on grounds of delay and merits, with the application also being dismissed.