TaxTMI 
TaxTMI 
2015 (6) TMI 1181
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....order of the DRP-I u/s 144C(5) of the Act. As the issues arising in both the appeals are common, for the sake of convenience, they heard together and disposed of by way of this common order. 2. The facts are giving in paras 2, to 2.3 of the TPO order, which is extracted for ready reference: "2. Taxpayer's profile 2.1 Name The assessee, Green Filed Online Pvt. Ltd. is primarily engaged in providing contract IT and related services to Greenfield Online Inc. USA (Greenfield US). During FY 2007-08, the taxpayer has also provided marketing support services. 2.2 Segmental Financial Results of the taxpayer for the FY 2007-08 Particulars Software development Market Support Services Operating Revenu....
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....' to refer the matter to the Ld. TPO for computation of the Arm's Length Price (,ALP') for the Appellant's international transactions of provision of contract IT services and provision of marketing support services. 3. The Ld. TPO grossly erred in not considering the correct Operating Profit/ Total Cost ('OP/TC') margins of specific comparable companies with respect to the Appellant's international transaction of provision of contract IT services, despite the fact that the correct computations of OP/TC margins of the said comparable companies were duly submitted by the Appellant before the Ld. TPO in accordance with the directions of the Ld. DRP and the same were also duly checked and verified by the Ld. TPO....
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....llant's international transactions of provision of contract IT services and provision of marketing support services; 4.5 . including certain companies in the final set that were not comparable to the Appellant in terms of functions performed, assets employed and risks assumed with respect to the Appellant's international transactions of provision of contract IT services and provision of marketing support services; 4.6 excluding certain companies on arbitrary / frivolous grounds even though they were comparable to the Appellant in terms of functions performed, assets employed and risks assumed with respect to the Appellant's international transactions of provision of contract IT services and provision of marketi....
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....uting the inclusion of certain comparables by the TPO for determining the Arm's Length Price. He relied on the decision of the Tribunal in the assessee's own case in the earlier assessment year and submitted that the same should be followed and the comparable directed to be excluded by the ITAT in its earlier year order, should also be excluded by the T.P.O. in the present T.P. order. 6. Ld. Standing Counsel opposed this contention without distinguishing the order of the ITAT for the earlier assessment year. 7. From the perusal of the order-sheet entry, it is clear that a copy of the Tribunal's order in the assessee's own case for the immediately preceding year was given to Standing Counsel on 18.03.2015. The Standing Counsel could no....
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....rice worked out by the assessee would be the same as Arm's Length Price arrived at by the Revenue. As the assessee felt that it would get relief on this count, the Ld. counsel did not advance any arguments on the other grounds raised in this regard for the reason that it would be academic exercise. He reserved his right to raise these grounds in other assessment year. 10. In view of above submission, we do not deal with all the other ground of the assessee and dismiss the same as not argued in the present proceedings. 11. In the result, this appeal is allowed in part. 12. ITA No. 989/Del/2014 pertains to the AY 2009-10, here also the dispute is regarding selection of comparables by the TPO. The other issue is grant of "working capi....