2014 (11) TMI 988

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...., CIT, DR ORDER PER R.S. SYAL, AM: This appeal filed by the Revenue is directed against the order passed by the CIT(A) on 11.12.2009 in relation to the assessment year 2005-06. 2. The only ground raised by the Revenue is against accepting fresh evidence by the ld. CIT(A) in contravention of Rule 46A(3) of the IT Rules, without giving opportunity to the TPO. The ld. DR contended that th....

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....this company with 16.15%, as against 37.4% taken by the TPO in the computation of ALP. The Department's grievance is only against the admission of additional evidence in the calculation of this OP/TC margin. 4. It is noticed that the assessee, vide its letter dated 13.10.2008 addressed to the TPO, a copy of which is placed on pages 233 onwards of the paper book, calculated unadjusted OP/TC of t....

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....tment is aggrieved against the reduction in the OP/TC of this company on the basis of admission of additional evidence. 6. Here again, we find that there is no admission of additional evidence by the ld. CIT(A). This figure of 13.65% was given by the assessee to the TPO vide the same letter in the same table No.4, a copy of which is available on page 252 of the paper book. A detailed calculatio....