If a case is only comparable but has controlled transactions or vice-versa, it falls outside the ambit of the list of comparable cases — as held by MumTrib in Dy CIT v BP India Services Private Limited — In favour of: The revenue (Partly).
The question of inclusion or exclusion from the list of comparables under r 10B(2) and (3) has to be determined on the basis of factors like the characteristics of the services provided, assets employed, risks assumed, contractual terms and conditions prevailing, including the geographical location, etc, and not only on the basis of high or low profit rate.
Only if the higher or lower profit rate results on account of the effect of factors given in r 10B (2) read with sub-rule (3) will such a case merit omission.
Decided on: 23 September 2011.
No comments:
Post a Comment