2017 (6) TMI 350

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.... Respondent Through: Mr. Asheesh Jain, Sr. Standing Counsel O R D E R CM APPL. 16663/2017 (for exemption) 1. Allowed subject to just exceptions. CM APPL. 16664/2017 (for condonation of 40 days' delay in re-filing) 2. For the reasons stated therein, the application is allowed. The delay in refiling is condoned. ITA 343/2017 3. This appeal by the Assessee under Section 260....

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....thout making any calculations at its own, should the TPO should include the said company in the list of comparables?" 7. Learned counsel for the parties have been heard. 8. In Para 5 of the impugned order the ITAT observed that Datamatics Limited drew up its accounts on the basis of the calendar year, whereas the Assessee prepared its accounts on the basis of the financial year. The ITAT obs....

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....eing more than two years prior to such financial year may also be considered if such data reveals facts which could have an influence on the determination of transfer prices in relation to the transactions being compared. 11. The Court is in the view that the ITAT could not possibly have placed a restriction on the Assessee to the effect that it had to place before the AO/TPO only "the relevant....