IN THE ITAT, DELHI BENCH
SAKTIJIT DEY, V.P. & B.R.R. KUMAR, A.M.
Addl. CIT v. Avaya India (P) Ltd.
ITA No. 7882/DEL/2018
20 September, 2023
Assessee by: Nishank Vashistha, Advocate
Revenue by: Rajesh Kumar, Commissioner- Departmental Representative
Captioned appeal by the Revenue arises out of Order dated 28-9-2018 of learned Commissioner (Appeals)-44, New Delhi for the assessment year 2013-14.
2. Grounds raised by the Revenue are as under:
(1) Whether the learned Commissioner (Appeals) was justified in laying down stringent standards of comparability and attempting to identify exact replica of the taxpayer for comparability analysis, whereas the India law and the international jurisprudence recognize the reality that there cannot be an exact comparable in a given situation without any differences without appreciating that such stringency will defeat the purpose of flexibility provided in comparability analysis for determination of Arms Length Price.