Section 92C of the Income-tax Act, 1961, read with rule 46A of the Income-Tax Rules, 1962

IT/ILT : Where TPO included a different percentage while calculating arithmetic mean of OP/TC of comparable companies and Commissioner (Appeals) substituted same with correct OP/TC as was given to TPO by assessee, there was no admission of additional evidence at end of Commissioner (Appeals)
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[2014] 52 taxmann.com 396 (Delhi - Trib.)
IN THE ITAT DELHI BENCH 'I'
Assistant Commissioner of Income-tax, Circle 3 (1), New Delhi
v.
Convergys India Service (P.) Ltd.*
R.S. SYAL, ACCOUNTANT MEMBER
AND I.C. SUDHIR, JUDICIAL MEMBER
IT APPEAL NO. 206 (DELHI) OF 2010
[ASSESSMENT YEAR 2005-06]
NOVEMBER  28, 2014
Section 92C of the Income-tax Act, 1961, read with rule 46A of the Income-Tax Rules, 1962 - Transfer pricing - Computation of arm's length price (Comparables and adjustments) - Assessment year 2005-06 - Whether, where assessee calculated unadjusted operating profit/total cost of companies and detailed calculation was given to Transfer Pricing Officer and without adversely commenting on such calculation, Transfer Pricing Officer included different percentages while calculating arithmetic mean of operating profit/total cost of comparable companies and Commissioner (Appeals) substituted correct operating profit/total Cost as was given to Transfer Pricing Officer, there was no admission of any additional evidence at Commissioner (Appeals)'s end in contravention of rule 46A(3) - Held, yes [Paras 4 and 6] [In favour of assessee]