2017 (6) TMI 1240

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....spondent : Mr. P.J. Pardiwalla, Senior Counsel a/w Mr. Atul K. Jasani ORDER PER COURT : The Revenue has filed the present appeal against the order of the Tribunal. The present matter pertains to the Assessment Year 20082009. 2 The Revenue has filed the appeal on following grounds, stating to be the substantial questions of law: "6.1 Whether on the facts and in the circumstance....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d not be possible to consider the international transaction only. According to the learned counsel, the entire turnover of the Company was required to be considered for determination of A.L.P. According to the learned counsel, the D.R.P. was right in observing that there was no segmental audit of the transactions of AE nonAE and therefore there was no method whereby the Assessing Officer could com....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on. 5 With the assistance of the learned counsel for respective parties, we have considered the submissions and the judgment of the Tribunal. The Tribunal in para 7 of it's order has observed as under. "7 We have heard both the parties and their contention have carefully been considered. So far it relates to grievance of the assessee that the TP adjustment can only be applied to in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ils of which has also been filed with the Tribunal at page 170 o the paper-book. It would be clear that the details of the international transaction are specifically made available and therefore the apprehension of the department as such is misplaced. 7 Moreover this Court in Income Tax Appeal NO. 362 of 2014 has dealt with the aspect of absence of segmental accounts. While delivering the order....