2015 (6) TMI 1123

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....K. Jasani JUDGMENT 1. This appeal under section 260A of the Income-tax Act, 1961 ("the Act"), challenges the order dated November 9, 2012, passed by the Income-tax Appellate Tribunal ("the Tribunal") for the assessment year 2006-07. 2. The Revenue has urged the following questions of law for our consideration : "(a) Whether, on the facts and in the circumstances of the case and i....

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....sulted the adjustment within +/-5 per cent.? (c) Whether, on the facts and in the circumstances of the case and in law, the Tribunal is justified in restoring the issue of disallowance under section 14A back to the file of the Assessing Officer for fresh consideration in view of the decision of this court in the case of Godrej and Boyce Manufacturing Co. Ltd. [2010] 328 ITR 81 (Bom) again....

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....th price (ALP). This on the basis of the entire turnover of the assessee and not only on the basis of the transaction with its associated enterprise. (ii) On appeal, the Commissioner of Income-tax (Appeals) (CIT(A)) held that the addition cannot be on the entire turnover of the assessee but has to be restricted only to the transactions with the associated enterprises. Consequently, the ad....

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....es not warranting any addition. The impugned order held that amount of Rs. 8.39 lakhs added by the Commissioner of Income-tax (Appeals) is to be deleted as it falls within +/-5 per cent. variation provided under section 92C of the Act. (iv) We find that the decision of the Tribunal is a factual determination of the arm's length price and the same is found within +/-5 per cent safe har....