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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Delhi
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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 ...




