9911796707
TMI Blog2013 (7) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... tirely different to the set of services in the nature of engineering services rendered by the so called four comparables. Consequently, the adjustment arrived at by the Transfer Pricing Officer and the addition made by the Assessing Officer cannot be sustained on the basis of the Transfer Pricing Study with regard to the four companies which were clearly functionally not comparable - Decided against Revenue. X X X X Extracts X X X X X X X X Extracts X X X X ..... s), four questions were formulated:- "(1) Whether the reference made by the Assessing Officer to the T.P.O. mechanically is bad in law making the TPO's order void-ab-initio? (2) Whether the mechanical acceptance of TPO's recommendation by the AO makes the assessment order bad in law? (3) Whether the TPO was justified in considering the current year data? (4) Whether the comparables selected in the order of the TPO are functionally non-comparable to the appellant?" 4. Question Nos. (1) to (3) were held against the respondent / assessee and in favour of the revenue. However, question No. 4 above was decided by the CIT (Appeals) in favour of the respondent / assessee. This resulted in the filing of two appeals by the respondent /assessee, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen on facts, we are of the opinion that the T.P.study wherein these 4 comparables taken were wrong as apparently there is no functional comparability, we cannot approve such T.P.study, even if the T.P.O. has accepted it. Wrong facts have to be corrected. There can be no estoppel in such factual situation. The Ld.CIT(A) has the power to accept fresh claim of the assessee. Marketing support services cannot be compared with turn key Engineering services. We agree with the view of the First Appellate Authority that EIL, Rites, Wapcos and TCE are engineering companies that provide end-to-end solutions and whereas the assessee company provides marketing support services to the parent company, which is in the nature of support service and hence n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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