2017 (4) TMI 1031

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.... proposed questions of law : [1] "Whether on the facts and circumstances of the case and in law, the I.T.A.T was justified in directing to delete the addition of Rs. 238.16 Crores holding that overseas Associated Enterprise can be accepted as "tested party" when there is no instances of transactions between unrelated parties ?" [2] "Whether on the facts and circumstances of the case and in law, the I.T.A.T was justified in directing that Advance Pricing Agreement with CBDT for A.Y 2014-2015 dated 7th August 2015 can also be retrospectively applied in A.Y 2008- 2009 ?" [3] "Whether on the facts and circumstances of the case and law, the I.T.A.T was justified in deleting the addition made of Rs. 1,03,33,543/- on account of non-crystallized....

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....oks of accounts were not maintained for the eligible Units were not recorded on ERP/SAP at Arm's Length Price [ALP]; [iv] when other income do not qualify for deduction under Section 80IB/80IC of the Act ?" Having heard learned advocate Shri K.M Parikh appearing on behalf of the Revenue and Shri B.S Soparkar, learned advocate appearing on behalf of the respondent-assessee, the present Tax Appeal is admitted to consider the following questions of law : [1] "Whether ITAT was justified in directing to delete the addition of Rs. 238.16 Crores by directing the Transfer Pricing Officer [TPO] to adopt Overseas Associated Enterprises as tested party ?" [2] "Whether on the facts and in the circumstances of the case and in law, the ITAT was ju....