2023 (9) TMI 1152 - AT - Income Tax

TP Adjustment - Comparable selection - exclusion of Tata Elxsi and Mind Tree Ltd., from the final set of comparable companies on the basis of turnover filter exceeding more than Rs. 200 crores - HELD THAT - We do not find Tata Elxsi and Mind Tree Ltd., and as such, there is no question of adjudicating these 2 comparables on the basis of turnover filter exceeding more than Rs. 200 crores. Issue regarding to inclusion of iSN Global Solution Pvt. Ltd., as comparable while determining the ALP of international transaction after considering the export turnover filters. Accordingly, this issue is remitted to the file of AO/TPO for fresh consideration.

Summary

Issues Involved:
1. Rectification of Tribunal order regarding grounds not pressed.
2. Adjudication of exclusion of certain companies from comparable companies based on turnover filter.
3. Adjudication of exclusion of specific company from comparable companies based on functional dissimilarity.
4. Additional grounds raised for exclusion/inclusion of certain companies from comparable companies.
5. Consideration of a company as comparable based on export turnover filter.
6. Modification of comparable filter for persistent losses and exclusion of specific company based on persistent losses filter.

Summary:
1. The Miscellaneous Petition sought rectification of the Tribunal order regarding grounds not pressed by the assessee in the original and concise grounds. The Tribunal held that rearguing these grounds was not permissible under the provisions of section 254(2) of the Act, thus dismissing the issue.
2. The Tribunal adjudicated on the exclusion of Tata Elxsi and Mind Tree Ltd. from the final set of comparable companies based on a turnover filter exceeding Rs. 200 crores. As these companies were not found in the comparables list, the issue was dismissed.
3. The Tribunal considered the functional dissimilarity of Mind Tree Ltd. as raised by the assessee and remitted the issue back to the AO/TPO for fresh consideration, dismissing the argument of the assessee.
4. Additional grounds raised by the assessee for exclusion/inclusion of certain companies from comparable companies were remitted to the file of the AO/TPO for fresh consideration, as the Tribunal had not examined these comparables during the original order.
5. The issue of considering iSN Global Solutions Pvt. Ltd. as a comparable based on export turnover filters was remitted to the file of AO/TPO for fresh consideration, as the Tribunal found it did not meet the minimum 75% export revenue requirement.
6. The Tribunal dismissed the argument of the assessee regarding the modification of the persistent losses filter and the exclusion of Cyfuture India Pvt. Ltd., as the ground was not pressed and rearguing was not permitted under section 254(2) of the Act.

In conclusion, the Miscellaneous Petition filed by the assessee was partly allowed, with various issues being either dismissed or remitted for fresh consideration by the AO/TPO.