L & T MHI POWER TRUBINE GENERATORS PVT LTD (FROMERLY KNOWN AS L & T MHPS TURBINE GENERATORS PVT LTD) ,MUMBAI vs. ASSISTANT COMM. OF INCOME TAX CIRCLE 2(2)(1), MUMBAI

On the fac law, the lea benchmarking adopting Tra benchmarking 2. Without pr circumstances in: a. Rejecting T the company b. Accepting companies fo fact that they of the appella 2. At the outset, it has submitted a let having taken into co the litigation relative adjudication. In light appeal is hereby dism 3. In the result, th Order pronoun (RAHUL CHA JUDICIAL M Mumbai; Dated: 07/04/2025 Rahul Sharma, Sr. P.S. L&T MHI Power Tu cts and in the circumstances of the case arned CIT(A) erred in rejecting the g analysis carried out by the comp ansactional Net Margin Method (TNM g. rejudice to Ground No-01, on the facts an s of the case and in law, the learned CIT Toshiba Power Systems Pvt Ltd on the gro is consistently making losses. two companies selected by TPO as com or determining the ALP margin disregar y are not functionally comparable to the b ant company is pertinent to note that the as tter seeking to withdraw the nsideration the time and resou to the potential benefit arising f t of the assessee’s request for missed as having become infruct he appeal of the assessee is dism ced in the open Court on 07/0 /- S AUDHARY) (OM PRAK MEMBER ACCOUNTA urbine Generators Pvt. Ltd 2 e and in primary pany by NMM) for nd in the T(A) erred ound that mparable rding the business sessee company present appeal, urces involved in from a favorable withdrawal, the tuous. missed. 04/2025. KASH KANT) ANT MEMBER