https://www.taxtmi.com/caselaws?id=403886 The HC held that the assessee could not be precluded from claiming that the foreign AE should be treated as the tested party for determining the Arm's Length Price, despite the TPO rejecting the assessee's TP documentation and conducting a fresh search for comparables. The court found that reliance on the auditor's certification in Form 3CED by the revenue was misplaced, as it does not determine the tested party. The HC set aside the orders of the TPO, DRP, and Tribunal that foreclosed the assessee's claim and remanded the issue to the TPO for fresh adjudication on merits, considering the assessee's plea and relevant orders in subsequent assessment years. The appeal was allowed accordingly. en-us Thu, 04 Feb 2021 00:00:00 +0530 Mon, 04 Aug 2025 14:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=403886 The HC held that the assessee could not be precluded from claiming that the foreign AE should be treated as the tested party for determining the Arm's Length Price, despite the TPO rejecting the assessee's TP documentation and conducting a fresh search for comparables. The court found that reliance on the auditor's certification in Form 3CED by the revenue was misplaced, as it does not determine the tested party. The HC set aside the orders of the TPO, DRP, and Tribunal that foreclosed the assessee's claim and remanded the issue to the TPO for fresh adjudication on merits, considering the assessee's plea and relevant orders in subsequent assessment years. The appeal was allowed accordingly. Case-Laws Income Tax Thu, 04 Feb 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=403886