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Kumaran Systems Pvt. Ltd., ... vs Dcit Corporate Circle 4(2), Chennai on 9 August, 2021

In this regard, he has relied upon the decision of the ITAT, Bangalore in the case of M/s.Autodesk (I) P. Ltd., vs. DCIT, 7 I.T.(TP) A. No.95/Chny/2018 [2018] 96 taxmann.com 263 and argued that there are divergent views on the issue of application of turnover filter but, the Bangalore Bench of the Tribunal in the latest judgment had considered all previous judgments and held that high turnover companies cannot be compared with low turnover companies and hence, the AO has to apply turnover filter based on Dun and Bradstreet's analysis for selection of comparables. If turnover filter is applied, then 4 new companies selected by the AO will go out of the list of comparables and thus, the margin of the assessee is within the range of comparables selected by the AO and consequently addition made towards TP adjustment would also goes.
Income Tax Appellate Tribunal - Chennai Cites 9 - Cited by 0 - Full Document

H. N. Agri Service Private Limited, ... vs Deputy Commissioner Of Income Tax ... on 31 January, 2023

3.Racmann Springs (P) Ltd Vs. DCIT (1995) 55 ITD0159.TheITAT Delhi Bench has observed that realisation from Sundry Debtors cannot be treated as cash credits. The observation of the Bench is reproduced as below: - "35. The CIT (Appeals) proceeds on the basis that the impugned addition of Rs. 15,59,845 is made as the assessee was not able to prove the cash credits. This is evident from para 29 of his order. He speaks of identity and creditworthiness of the creditors. The Assessing Officer never held that the said amount represents unproved credits. The Assessing Officer only held that it represents "undisclosed sales of the assessee". This shows the utter confusion in the mind of the CIT (Appeals) which led to the dismissal of the assessee's appeal.
Income Tax Appellate Tribunal - Amritsar Cites 9 - Cited by 0 - Full Document
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