entire process lacked transparency and fairness, as such the
arbitrary approach of the TPO was clear when one looks at the selection ... inconsistency raised doubts as to
whether the entire process was transparent as also fair. It was contended
that the TPO was collecting, collating and compiling
selection of these companies for issuance of notice u/s 133(6)
was not provided and that the entire process lacks in transparency and
fairness ... liable to be quashed.
The assessee had detailed the process adopted by it in the
selection of comparables. The TPO also, in its initial show
selection process was determined.
In clause 3.1 of EOI it is made very clear that the
second phase award process was being adopted
under clause ... make sure the best players are alone
awarded major concessions. The process of selection
has been most transparent and it has not been
arbitrary
This inconsistency raises doubts as to whether
the entire process was transparent and also fair.
Information obtained u/s 133(6) of the Act:
- that ... been
adopted, but, cannot be used to obtain information to enable selection of
comparables;
- that the amendment made to the definition of specified date
applied,
approach followed and the key words used in selection of new set
of comparables. Selection of comparable without any basis is
against principle ... view Ld. TPO failed to follow
due process of law and did not grant fair opportunity to address
comparability carried out by Ld. TPO; This
Google India Private Limited, ... vs The Deputy Commissioner Of Income Tax ... on 11 May, 2018
Aztec Software And Technology Service ... vs Acit on 12 July, 2007
Equivalent citations: [2007]107ITD141
M/S Innoviti Payment Solutions Pvt Ltd , ... vs The Income Tax Officer Circle-3(1
Ito, Bangalore vs Sharddha Trust , Bangalore on 7 April, 2017
IN THE INCOME TAX APPELLATE
Tesco Hindustan Service Centre Private ... vs Dcit, Bangalore on 9 December, 2016
IN THE INCOME
