2012 (8) TMI 311

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a Kumar, J. -  This appeal by the assessee under Section 260-A of the Income Tax Act, 1961 is against the order of the Tribunal dated 12-07-2007 in I T A No.584/Bang/2006. 2. The assessee is a company engaged in the business of development and export of software. The assessment year is 2002-03. 3. The appeal had been admitted on 21-10 2008 but without reference to any questions of la....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s) and restore the matter to the file of the Assessing officer who may again refer the question of determination of Arm's Length price to the Transfer Pricing Officer. In our view, Transfer Pricing Officer should use his power and first call upon the taxpayer to furnish ALP and all material and information which he is obliged to maintain under Rule 10D of the Income Tax Rules. It would be appropri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e determined as enjoined by the directions of the Board to its officer. With the above hopeful observation, we remand the matter back to the file of the Assessing Officer." 7. We notice that in this appeal, the assessee has raised as many as 30 substantial questions of law. In our considered opinion, it is not really necessary to consider any of these questions, as in the first instance, the or....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... assessee to urge all such contentions as are available to the assessee before the authority to which the matter is remanded. RE: I T A No.827/2006 10. This appeal by the very assessee as above in respect of the assessment year 2002-03, insofar as it relates to partially allowing the appeal of the revenue before the Tribunal in ITA No.585/Bang/2006 and both appeals having disposed of by the ....