ADDL. CIT, SPECIAL RANGE- 6, NEW DELHI vs. NEC TECHNOLOGIES INDIA PVT. LTD., NEW DELHI

ITA 7392/DEL/2017Status: DisposedITAT Delhi04 July 2025AY 2010-1123 pages
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What did the Tribunal hold?

The Tribunal decided that the DRP was justified in excluding two comparables, M/s E-Infochips Bangalore Limited and M/s Infinite Data Systems Pvt. Limited, as they were functionally dissimilar to the assessee. The Tribunal also upheld the deletion of the addition made under Section 40(a)(i).

What were the facts?

The Revenue appealed against an order of the Dispute Resolution Panel (DRP) which deleted an addition made under Section 40(a)(i) and excluded certain comparables. The assessee had filed objections before the DRP against the draft assessment order.

What were the issues?

Whether the DRP was justified in deleting the addition under Section 40(a)(i) and excluding specific comparables used by the TPO for transfer pricing assessment.

Which sections of the Income-tax Act were involved?

Section 40(a)(i),Section 9(1)(vii)(b),Section 144C(5)

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Income Tax Appellate Tribunal, DELHI BENCH: ‘H’: NEW DELHI

Before: SHRI RAMIT KOCHAR & SHRI SUDHIR PAREEK

For Appellant: DR : Sh. Neeraj Jain, Advocate, CA Ms. Mansha Bhalla, CA
Pronounced: 13.05.2025

PER SUDHIR PAREEK, JM

By way of this appeal, the Revenue assails the order dated 23.12.2014, passed by the Learned Dispute Resolution Panel- 2(DRP) u/s 144C(5) of the Income Tax Act, 1961 (hereinafter referred as "the Act") for A.Y. 2010-11. ITA No.- 7392/Del/2017 M/s NEC Technologies India Pvt. Ltd.

2.

The appellant/Revenue has raised following grounds of appeal for adjudication: -

1.

Whether on facts and in circumstances of the case, the Ld. Dispute Resolutions Panel-II is legally justified in deleting the addition made under section 40(a)(i) amounting to Rs. 9,34,91,383/- by igno

The order continues below.

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