ITO, NEW DELHI vs. M/S. NETLINK SOFTWARE (P) LTD., NEW DELHI
In the result, the appeal filed by the assessee is allowed for statistical purposes whereas the appeal filed by the Revenue is dismissed
ITA 6782/DEL/2015[2011-12]Status: DisposedITAT Delhi11 Dec 2019AY 2011-12
Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Netlink Software Pvt. Ltd., Vs Ito, S.P. Nagrath & Co. Llp, Ward-18(1), A-380, Ground Floor, Cr Building, Defence Colony, New Delhi. New Delhi. Pan: Aaccn5731A Assessment Year: 2011-12 Ito, Vs. Netlink Software Pvt. Ltd., Ward-18(1), S.P. Nagrath & Co. Llp, Cr Building, A-380, Ground Floor, New Delhi. Defence Colony, New Delhi. Pan: Aaccn5731A (Appellants) (Respondents) Assessee By : Shri Gagan Kumar, Advocate Deptt. By : Ms Nidhi Sharma, Sr. Dr Date Of Hearing : 26.09.2019 Date Of Pronouncement : 11.12.2019 Order Per R.K. Panda, Am:
For Appellant: Shri Gagan Kumar, Advocate
Section 10ASection 143(3)Section 144CSection 253Section 92C
…ny to be excluded from the list of comparables. We do not find any infirmity in the order of the DRP excluding this company from the list of comparables. We find, the Hon'ble Bombay High Court in the case of PCIT vs. Barclays Technology Centre India (P) Ltd., 409 ITR 138, at para 4 of the order, has observed as under:- “4 The impugned order of the Tribunal has examined services rendered and consideration received by each of these companies with the services rendered and consideration received by the respondent assessee. On facts it comes to the conclusion that all the aforesaid four companies cannot be said to be…