Turner International India Pvt. Ltd., New Delhi V. DCIT, New Delhi

MA 466/DEL/2019

AI Insights

The case involves Turner International India Pvt. Ltd., the applicant-assessee, who filed a Miscellaneous Application challenging the exclusion of two comparables in the determination of arm's length price for the Assessment Year 2012-13. The comparables in question were India Vision Satellite Communication Ltd. and Maa Television Network Ltd., which the applicant argued should be excluded due to functional dissimilarity. The Tribunal had previously excluded other comparables in a similar case, but the applicant contended that the mentioned comparables were overlooked. The Tribunal dismissed the application, stating that the issues raised were argumentative and did not constitute an error apparent on the record.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 121748 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Next Hearing Date: 24-08-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 28-05-2019
• Other Referred Cases: ITA No.1204/Del/2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I” DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER MA No.466/DEL/2019 (Arising out of ITA No.218/DEL/2017) Assessment Year 2012-13 Turner International India Pvt. Ltd. 5 th Floor, Radisson Commercial Plaza NH-8, Mahipalpur New Delhi. vs. DCIT, Circle-25(2) New Delhi TAN/PAN: AAACT3821H (Appellant) (Respondent) Appellant by: Shri Manuj Sabharwal, Adv. Ms. Shalni, Adv. Respondent by: Shri Amit Katoch, Sr.DR Date of hearing: 25 08 2023 Date of pronouncement: 25 08 2023 O R D E R PER PRADIP KUMAR KEDIA - A.M.: The captioned Misc. Application has been filed at the instance of the applicant-assessee arising from the order of the Tribunal dated 01.01.2019 for Assessment Year 2012-13. 2. As per the Misc. Application, the applicant-assessee seeks to challenge the appellate order of the ITAT in ITA No. 218/Del/2017 dated 01.01.2019 on the ground that two comparables namely (i) India Vision Satellite Communication Ltd. and; (ii) Maa Television Network Ltd. were sought to be excluded on account of functional dissimilarity along with some other comparables but however ITAT has omitted to exclude the M.A. No.466/DEL/2019 2 aforesaid comparables for the purposes of determination. 3. The Co-ordinate Bench has returned the finding on the issue as under: “13. For the year under consideration, the ld. counsel for the assessee requested to exclude the 4 comparables, namely, M/s. Malayalam Communications Ltd., M/s. Raj Television Network Ltd., M/s. TV Today Network Ltd. and M/s. Zee Media Corporation Ltd. So, respectfully following the aforesaid referred to order dated 18.06.2018 in ITA No.1204/Del/2018 for the assessment year 2006-07 in assessee’s own case, we direct the Assessing Officer/TPO to exclude the aforesaid 4 companies from the list of comparables.” 4. In the light of such findings, we do not see any merit in the contentions raised on behalf of the assessee. The mistake for the purposes of Section 254(2) must be an error of apparent nature and argumentative error, as alleged, do not fall within the sweep of Section 254(2) of the Act. The Tribunal has clearly recorded the comparable selected by the TPO and has directed the Revenue to exclude certain comparables. Thus, there is no omission of apparent nature if any. Consequently, the Misc. Application No.466/Del/2019 in ITA No. 218/Del/2017 is dismissed. 5. In the result, the present Misc. Application of the applicant-assessee is dismissed. Order dictated and pronounced in the open Court on 25 th August, 2023. Sd/- Sd/- [CHANDRA MOHAN GARG] [PRADIP KUMAR KEDIA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25 th August, 2023 Prabhat