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TMI Blog2016 (7) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... luded, then the ITAT ought to suo motu have required the TP adjustment exercise to be undertaken afresh by the TPO since the TP adjustment based on six comparables that were to some extent functionally dissimilar to the Assessee could not have reflected the correct picture as far as the determination of ALP was concerned - HELD THAT:- Admittedly, during the AY in question there was no provision in the Act permitting the Revenue to appeal against the inclusion or exclusion of a comparable by the TPO. which is affirmed by the DRP. While the Assessee had a remedy by filing an objection before the ITAT, the Revenue could not during the relevant AY, do so. It has been urged on the strength of the decision of this Court in Commission of Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16 - S. MURALIDHAR NAJMI WAZIRI JJ. Appellant Through Mr. Raghvendera K. Singh with Mr. Rahul Chaudhary, Advocates O R D E R CM APPL. 26425/2016 1. For the reasons stated in the application, the delay of 66 days in filing the appeal is condoned. The application is disposed of. ITA 447/2016 2. This appeal by the Revenue is directed against the order dated 20th November, 2015 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 1585/Del/2015 for the Assessment Year (AY) 2010-11. 3. The first issue urged concerns the rejection by the ITAT of three comparables included by the Transfer Pricing Officer (TPO) for the purpose of determination of arm s length price (ALP), under Section 92CA (3) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to some extent functionally dissimilar to the Assessee could not have reflected the correct picture as far as the determination of ALP was concerned. 6. Admittedly, during the AY in question there was no provision in the Act permitting the Revenue to appeal against the inclusion or exclusion of a comparable by the TPO. which is affirmed by the DRP. While the Assessee had a remedy by filing an objection before the ITAT, the Revenue could not during the relevant AY, do so. It has been urged on the strength of the decision of this Court in Commission of Income Tax v. Jansampark Advertising and Marketing Limited (2015) 375 ITR 373 (Del) that in such circumstances it is incumbent upon the ITAT to exercise suo motu powers and in the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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