erred in facts and in law in selecting Modicare Ltd as a
single comparable company for an arm's length analysis even though this ... assessee.
Table 3: Sales trend of Oriflame India vis-à-vis Modicare Limited (INR)
Sales Oriflame India Year on Year Modicare Limited Year on Year
with regard to the
inclusion or exclusion of one comparable company, namely,
Modicare Ltd. For the sake of ready reference, we are taking ... should be taken as comparable and in his search analysis, he
shortlisted Modicare Ltd. which was a direct selling company
and has taken
based on the criteria of functional and
product comparability.
4
4.2 Selecting Modicare Ltd as a single comparable
company for the arm's length ... considering the categorical finding of the Hon'ble Tribunal
that Modicare Ltd. should not have been taken as a
standalone comparable.
4.4 Disregarding
Modicare Limited, New Delhi vs Assessee on 19 April, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'E' NEW DELHI
BEFORE SHRI ... MEMBER
I.T.A .No.-3007/Del/2014
(ASSESSMENT YEAR-2009-10)
Modicare Limited vs CIT
5, Community Center, Delhi-II, Room
Certain
comparables were chosen by the assessee. The TPO observed that only
Modicare Ltd. was a direct marketer, like the assessee. He, therefore,
rejected ... other companies chosen by the assessee as comparable and
treated Modicare Ltd. as a sole comparable. GP/Sales margin of
Modicare Ltd. was initially computed
Modicare Ltd vs Jaipur I.. on 17 October, 2023
1
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
NEW DELHI.
PRINCIPAL BENCH - COURT NO.III
Service ... Central Tax, Goods and Service Tax and Central Excise, Delhi]
M/s.Modicare Limited Appellant
5, Community Centre,
New Friends Colony,
New Delhi
Metro Express (P) Ltd. : ITA No.
705/2017 (dated 5.9.2017);
• CIT v. Modicare Ltd.: 759/2016 (dated 20.9.2017)
19. On the issue of Section
PCIT to conduct such enquiry. Further in LD.
PCIT v. Modicare Limited [ITA No. 759/2017] Delhi High Court has
followed its decision in Income
incumbent on the PCIT to conduct
such enquiry. Further in PCIT v. Modicare Limited [ITA No. 759/2017]
Delhi High Court has followed its decision
Delhi High Court in the case of Pr.CIT
vs. Modicare Ltd. in ITA 759/2017 has held that the exercise of
jurisdiction
