TPG SOFTWARE PVT LTD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 25(2) NEW DELHI

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ITA - 261 / 2024HC Delhi08 May 20241 pages
For Petitioner: HIMANSHU SHEKHAR SINHA
AI SummaryRemanded

What did the High Court hold?

The Delhi High Court has not yet decided the substantive issues of the appeal. The Court has acknowledged the appeal and the related delay condonation application, which has been allowed. The primary action taken by the Court is a procedural one: it has requested the learned counsel for the appellant to place a chart that will assist the Court in navigating the findings of the Income Tax Appellate Tribunal concerning the inclusion/exclusion of comparable companies. This indicates that the Court is in the process of understanding the factual matrix and the ITAT's decision before delving into the merits of the appeal. The matter has been adjourned for further hearing.

What were the facts?

The appellant, TPG Software Pvt Ltd, has filed an appeal before the Delhi High Court against an order passed by the Income Tax Appellate Tribunal (ITAT). The appeal concerns assessment year(s) not explicitly stated in the provided text. The core of the dispute revolves around the ITAT's findings regarding the inclusion or exclusion of comparable companies in a transfer pricing assessment. The High Court has been requested by the appellant's counsel to provide a chart to navigate the ITAT's findings on this specific issue. A delay condonation application has also been filed and allowed, subject to exceptions.

What were the issues?

1. Whether the Income Tax Appellate Tribunal erred in its findings concerning the inclusion/exclusion of comparable companies in the transfer pricing assessment, impacting the determination of arm's length price (ALP) under Section 92C of the Income Tax Act, 1961. Assessee's Contentions: The assessee, TPG Software Pvt Ltd, seeks clarification and review of the ITAT's decision on comparables. While specific arguments are not detailed, the request for a chart suggests a need to understand the Tribunal's rationale for accepting or rejecting certain comparables. The assessee likely argues that the ITAT's decision on comparables was erroneous, leading to an incorrect ALP determination. Revenue's Contentions: The respondent, Deputy Commissioner of Income Tax, Circle 25(2) New Delhi, is represented by learned Senior and Junior Standing Counsel. Their specific contentions regarding the comparables are not recorded in the provided text. However, it can be inferred that they would support the findings of the ITAT.

Which sections of the Income-tax Act were involved?

Section 92C

AI-generated summary — verify with the full judgment below

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 261/2024 & CM APPL. 27317/2024 (delay)

TPG SOFTWARE PVT LTD

..... Appellant

Through: Mr. Himanshu and Mr. Shekhar

Sinha, Advs.

versus

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 25(2) NEW DELHI

..... Respondent

Through: Mr. Ruchir Bhatia, Sr.SC with

Mr. Anant Mann, Jr.SC.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R %

08.05.2024

CM APPL. 27316/2024(Ex.) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. ITA 261/2024 & CM APPL. 27317/2024 (delay) 3. We request learned counsel appearing for the appellant to place a chart which would enable us to navigate through the findings ultimately returned by the Income Tax Appellate Tribunal on the issue of inclusion/ exclusion of comparables. 4. Let the matter be called again on 08.07.2024.

YASHWANT VARMA, J.

PURUSHAINDRA KUMAR KAURAV, J. MAY 8, 2024/p This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:34:13

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