No estoppels in law for correctness, inadvertently included comparable may be argued in later proceedings

Brief of the Case

ITAT Delhi held In the case of Alcatel-Lucent Technologies. vs, DCIT that merely because the assessee in the TP study had included the comparable, which was accepted by TPO, it does not follow that the assessee cannot resile from its original claim at a later stage of proceeding, if it can demonstrate that a company has to be excluded because its FAR analysis clearly shows that it is not comparable to the listed party. Accordingly, we direct exclusion of this comparable.

Facts of the Case

ITA no. 2297/Del/08

TP adjustment

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