9911796707
TMI Blog2022 (9) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds raised by assessee stands allowed for statistical purposes. - IT(TP)A No. 273/Bang/2021 - - - Dated:- 2-8-2022 - SHRI CHANDRA POOJARI , ACCOUNTANT MEMBER AND SMT. BEENA PILLAI , JUDICIAL MEMBER Assessee by : Shri K. R. Vasudevan Smt. R. Rashmi , Advocates Revenue by : Shri Sumer Singh Meena , CIT DR - 1 ORDER Per Beena Pillai, Judicial Member Present appeal is filed by assessee against the assessment dated 30/04/2021 passed by the National e-Assessment Centre, Delhi u/s. 143(3) r.w.s 144C(13) r.w.s. 144B of the Act on following concise grounds of appeal: The Grounds mentioned hereinafter are without prejudice to each other Wrong characterization 1. The Learned TPO erred in characterizing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This is without prejudice to the fact that these companies are functionally not comparable with the appellant also. Erroneous inclusion of One Touch Solutions, as comparable 7. The Learned TPO/DRP erred in including the company, One Touch Solutions (India) Pvt. Ltd., as comparable : i. It is functionally not similar to the appellant ii. The TPO excluded this company as functionally not comparable in the show cause notice but included the same in the final order, without affording opportunity to the appellant Wrong computation of Margin 8. The Learned TPO has committed mistakes in computation of margin and has failed to follow the directions of the DRP in this regard; Working Capital adjustment 9. The Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee to be an IT enabled service provider and selected all the comparables pertaining to ITES segment. She also referred to page 15 of the order u/s. 92CA wherein the show cause notice have been issued to assessee selecting comparables pertaining to IT enabled service segment. The Ld. AR submitted that before the DRP this wrong characterisation of assessee was raised however the same has not been adjudicated. It is the prayer of the Ld. AR that the issue may be remanded to the Ld. AO/TPO to consider the international transaction of assessee in accordance with the functions performed by the assessee, assets owned and risks assumed in respect of the services rendered to its AE. She vehemently opposed assessee being characterised as an ITES s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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