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Cherry-Picked Comparables Rejected Assessees Set Ignored – TP Matter Sent Back for Fresh Benchmarking

Case Law Details

Case Name
KGS Sourcing India Pvt. Ltd Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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KGS Sourcing India Pvt. Ltd Vs ACIT (ITAT Delhi) ITAT Delhi partly allowed the assessee’s appeal for AY 2018-19 in KGS Sourcing India Pvt. Ltd., holding that the AO/TPO adopted an unsustainable approach in comparable selection. The authorities included Info Edge (India) Ltd., Majestic Research Services & Solutions Ltd. and AXS Online Pvt. Ltd. without considering settled judicial principles on turnover filters, functional dissimilarity and employee-cost filters. More importantly, the Tribunal noted that the TPO completely ignored 28 comparables proposed by the assessee, despite detailed ...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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