2019 (4) TMI 1393

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r. Mr. Suresh Kumar, Advocate for Respondent. ORDER P.C. : 1. Heard learned Counsel for the parties for final disposal of the Petition. Petitioner's grievance is limited and arises out of an order dated 22/10/2018 passed by the Income Tax Appellate Tribunal (for short 'Tribunal'). 2. The brief facts are as under; The Petitioner is a company registered under the Compan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lution Panel (for shot 'DRP'). The DRP passed order dated 09/09/2016 upholding both the adjustments. The Assessing Officer thereupon passed the order of assessment on 30/11/2016 which obviously contained both the Transfer Pricing Adjustments. Against such order of assessment, the Petitioner filed an Appeal before the Tribunal disputing both the adjustments. The Petitioner's grounds Nos....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....idence to be brought on record, but had not given any directions to the Assessing Officer to reconsider the question of addition of Rs. 4,88,96,708/­ on the basis of such additional evidence. Neither the Tribunal had on its own decided the issue with or without the aid of such additional evidence. In other words, according to Applicant, this ground of challenge remained unanswered by the Tribu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n fact, this was the substantial part of the Petitioner's challenge in the Appeal before the Tribunal. In support of such ground, the Petitioner had also sought permission to produce additional evidence. Such permission was granted. Additional evidence was allowed to be brought on record. Thereafter the choice before the Tribunal was either to ask the Assessing Officer to take such additional ....