2018 (12) TMI 1563 - ITAT DELHI

TPA - Comparable selection - functinal dissimilarity - admission of the additional ground - Held that:- The Ld. CIT(DR) did not object to admission of the additional ground of appeal in view of the Assessee’s contention that relevant facts for adjudication of the additional ground of appeal are already on record of assessment proceedings. - the additional ground of appeal admitted.

EIL cannot be taken as a suitable comparable company in the absence of its segmental accounts.

As regards, comparable of Mahindra we respectfully follow the order of Coordinate Bench of ITAT, Delhi in Assessee’s own case for AY 2009-10 and set aside this issue regarding comparable of Mahindra to the file of TPO/AO for fresh order, with the direction to exclude Mahindra as a comparable if the assessee is also to substantiate its claim that most of the work carried out by Mahindra was outsourced whereas the assessee had not or minimal outsourcing.