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of <h1>Court allows re-filing appeals with delay & upholds exclusion of comparables for ALP determination</h1> <h3>Pr. Commissioner Of Income Tax-09 Versus Toluna India Pvt. Ltd. </h3> The Court condoned the delay in re-filing appeals and allowed them subject to all just exceptions. It upheld the exclusion of four comparables for ... TP Adjustment - ITAT directing the AO to exclude following four comparables from the list of comparables i.e. Infosys Technologies Ltd; KALS Information Systems Ltd. (Segmental); Tata Elxsi Ltd. (Software Development and Services Segment); and Wipro Ltd. (IT Services Segment). HELD THAT:- ITAT, in giving the above direction, has followed the order passed for the earlier AY i.e. 2007-08 [2015 (6) TMI 1181 - ITAT NEW DELHI] which does not appear to have been challenged by the Revenue. On the question of exclusion of the above comparables, the Court finds that given the scale of operations of the above entities, their exclusion from the list of comparables for the purposes of determination of ALP appears justified. No substantial question of law Issues:- Condonation of delay in re-filing appeals- Exclusion of comparables for determination of Arm's Length Price (ALP)- Justification for exclusion of specific comparables- Substantial question of law arising from the impugned orderCondonation of Delay:The judgment addresses the condonation of delay in re-filing the appeals, as stated in CM No. 25182/2016 and CM No. 25183/2016. The delay is condoned based on the reasons presented in the applications, and the applications are allowed subject to all just exceptions.Exclusion of Comparables for ALP:The appeals, ITA Nos. 393/2016 & 394/2016, involve the Revenue challenging a common order by the Income Tax Appellate Tribunal (ITAT) regarding the exclusion of four comparables from the list for determining the Arm's Length Price (ALP) of international transactions. The ITAT directed the Assessing Officer to exclude Infosys Technologies Ltd, KALS Information Systems Ltd, Tata Elxsi Ltd, and Wipro Ltd from the list. The Court notes that the ITAT's decision aligns with the earlier order for a different assessment year, and the exclusion of these comparables is deemed justified due to the scale of their operations.Justification for Exclusion of Specific Comparables:The judgment emphasizes that the exclusion of the specified comparables, based on the scale of their operations, is reasonable and warranted for determining the Arm's Length Price accurately. The Court finds the exclusion justified and in line with the objective of ensuring a fair assessment of international transactions involving the Assessee and its Associated Enterprise.Substantial Question of Law:The Court concludes that no substantial question of law arises from the ITAT's order regarding the exclusion of comparables. As a result, the appeals filed by the Revenue are dismissed, affirming the ITAT's decision. The judgment provides a detailed analysis of the issues raised, the rationale behind the exclusion of comparables, and the legal standpoint regarding the absence of a substantial question of law in the case.
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