with a direction that the
two filters i.e., on-site filter and employee cost filter, applied by the DRP
suo moto, may be applied ... moto, applied new filters like on-site filter employee cost
filter, 75% export earning filter, etc., not applied by either the assessee
onsite incorrect filter applied by the onsite revenue revenue filter is
Technologies revenue filter and DRP. Comparable ought to be filter as a valid arbitrary ... revenue revenue filter is
revenue filter and an entity level comparison. filter as a valid arbitrary and
functional The Appellant submits that filter. should
excluded this company on the ground that it
failed export turnover filter of 75% but the TPO had not raised any
objection regarding the functionally ... this filter to the TPO but in that year the TPO
had applied the filter of 25% to export turn over whereas in this
year
Import The adoption of import filter is as
Assessee's Filter - Two Sanmar important as the export filter to
observations on identify suitable comparables ... identifying comparables facing similar export market pressures. Hence, it would
be prudent not to apply the export filter rather than adopting an arbitrary 25%, with
filters as used by the Assessee for benchmarking purposes
except the export filter as applied was not considered to be
an appropriate filter ... thereby
that it did not derive any export revenue and accordingly failed to
satisfy the export filter test. No reasons whatsoever were provided
were rejected on various grounds,
including application of turnover filter, related party transaction
filter, export filter and alleged functional dissimilarity. For
Assessment Year ... filters, including
manufacturing sales filter, positive net worth filter, sales
threshold filter, AMP filter of less than 3 percent and R&D filter
export
oriented unit, the assessee did not choose to apply any "percentage of
export" as a filter, which itself vitiates the benchmarking study ... assessee is
a 100% export oriented unit. Further, the DRP was of the opinion that
the export revenue filter should not be further reduced below
party is 100% from exports. Accordingly this
company is to be excluded on the basis of 75% export turnover filter.
Accordingly, as per Rule ... party is 100% from exports. Accordingly
this company is to be excluded on the basis of 75% export turnover filter.
Accordingly, as per Rule
rejected the comparables
selected by the assessee by applying the export filter and had excluded the
companies which had an export sale of less than ... liable to be excluded from the list of comparables considering the export
filter applied by the TPO. Per contra, the ld. D.R relied
Management Consulting Services
Ltd. had low export earnings of 9.3%, hence the same failed the export
turnover filter of 75% and thus could not have ... Officer-14 (1)(2)
be made in India, therefore, the export filter was not relevant in its
case. Further, the ld. A.R rebutted
