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
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
almost 100%
export turnover. However, in A.Y. 2013-14, it was observed that
the assessee has not applied the export filter. The application ... that though the entries sales of the assessee company
were export sale, no export filter was applied by the assessee
company. Further he observed that
companies which has exports of more than 75% out of
their sales. For FY 2017-18, Manipal fails the export filter applied ... there is no revenue from export services.
Accordingly, since Manipal fails the TPO's export filter, it ought to be rejected
at the outset
reasoning that this comparable does not pass the export filter => 25% of
export turnover. Before us, the Ld. Counsel contended that Flamingo
Lifesciences ... assessee is 100% export turnover. The Ld. TPO has applied
20
ITA No. 2004/Del/2022
Jubilant Generics Ltd.
export filter
1206/Hyd/2024 7
bifurcation of domestic and export revenue, the export filter
applied by Ld. TPO fails in this case ... considered view
that, from the available details, export revenue can be computed
qua the export filter applied by the Ld. TPO. Accordingly, the
contention
Appellant, based on the filters considered by
Officer as the appropriate filters and thereafter applying the Turnover and
Other Filters in a mechanical manner leading ... arrived at net margin of 10.02%. The TPO applied various filters
like turnover filter, export filter and RPT filter, removed/ excluded following
seven comparable
rejecting
these same companies stating they fail export filter i.e. > 75% when
the export filter itself was rejected
a. Bhakti Gems & Jewellery ... Creation Private Ltd (AY-2021-22)
companies stating they fail export filter i.e. > 75% when the export
filter itself was rejected
a. Ausom
4085/Del/2015 on the ground that it fails export filter of 75% and
hence cannot be considered.
15.2. The ld. counsel for the assessee ... excluded the
comparable on the ground that it has failed the export filter. The ld AR
pointed out that the Annual Report of the company
export turnover of the company is more than 75% and therefore,
the exclusion of the company on the ground of failure of export filter ... been consistently having more than 75% of the
export turnover, which is the export filter applied for the purpose of
comparables. Therefore
