Evalueserve.Com Pvt. Ltd., New Delhi vs. DCIT, New Delhi
In the result appeal of the assessee is partly allowed
ITA 1814/DEL/2017[2012-13]Status: DisposedITAT Delhi01 Nov 2019AY 2012-13
Bench: Shri Amit Shukla & Shri O.P. Kantita No. 1814/Del/2017, A.Y. 2012-13
For Appellant: Ms. Ananya Kapoor, AdvFor Respondent: Sh. H.K. Choudhary, CIT- DR
Section 143(3)Section 144
…ed. This is essential to ensure the efficacy of the exercise. There is sufficient flexibility available within the statutory framework to ensure a fair ALP"." 17. The above dictum was followed and reiterated in Avenue Asia Advisors Pvt. Ltd. v. Dy CIT (2017) 398 ITR 320 (Del) where this Court, inter alia, observed that "though in the TNMM method there is sufficient tolerance, mere broad functionality is by itself insufficient." 18. On the aspect of exclusion of comparables that have a high economic upscale viz., Infosys, TCS and Wipro, particular reference may be made to the decision of this Court in PCIT v. BC…