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| The Tax Publishers2020 TaxPub(DT) 1980 (Bang-Trib) INCOME TAX ACT, 1961
Section 92C
Where DRP applied on-site revenue filter only in respect of Acropetal Technologies, for excluding it from finalist of comparables, transfer pricing adjustment made by TPO was to be re-looked as DRP cherry picked on comparable using filters without understanding business model of assessee.
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Transfer pricing - Determination of ALP - Selection of comparables - Cherry picking of comparables without understanding assessee's business model
Assessee entered into transactions with AE abroad. DRP applied on-site revenue filter only in respect of Acropetal Technologies, for excluding it from finalist of comparables. Assessee challenged this.Held: DRP cherry picked on comparable using filters without understanding business model of assessee. Even DRP applied on-site revenue filter suo moto, without being considered by TPO. Under such was, therefore circumstances, transfer pricing adjustment made by TPO was to be re-looked in accordance with law. Matter was, therefore, remanded.
REFERRED :
FAVOUR : In assessee favour (by way of remand)
A.Y. :
IN THE ITAT, BANGALORE BENCH
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