2012 (7) TMI 1077

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....ustment. The grounds of appeal raised by the assessee read as under : i) On the facts and in the circumstances of the case, the learned assessing authority ought to have accepted the explanation and refrained from making the impugned addition to Arms Length Price (ALV for short) by following the order passed us.92CA of the Act by the Transfer Pricing Officer (TPO) as approved by the Dispute Resolution Panel (for short DRP). ii) The learned assessing authority ought to have appreciated that the reference to TPO was without jurisdiction and against law, facts and circumstances and in violation of principles of natural justice since no opportunity was given to the appellant prior to the reference. iii) The DRT has al....

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.... vii) Copy of assessment order viii) Copy of proceedings of the DRP, Bangalore ix) Form 35A x) Order u/s.92CA xi) Transfer Pricing correspondences xii) Franchise agreement xiii) Form 3CEB xiv) Financial statements By placing the above paper book on record, the learned counsel for the assessee was fair enough to submit that all these material are additional evidences filed before the Tribunal for the first time. He has also made an application under Rule 29, wherein it is stated that except franchise agreement, none of the other documents forming part of the additional evidences, compiled in the paper book could be produced before the lower authorities since the asses....