2019 (5) TMI 1331

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.... & Mr. Hardeep Singh Chawla, Advocates. Respondent Through: Mr. Ruchir Bhatia, Sr. Standing Counsel. O R D E R 1. The present appeal is against the judgment dated 31^st March 2016 passed by the ITAT in ITA No.1075/Del./2016 for assessment year 2011-12. While admitting its appeal on 18^th April 2018 this Court framed the following two questions for consideration: "(i) Whether the ....

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.... arm's length price (ALP) of the transaction of payment of royalty by applying the decision of this Court in CIT v. Cushman & Wakefield (India) (P.) Ltd. (2014) 367 ITR 730 (Del.) and left it open to the TPO to consider making additions under Section 37(1) of the Act, the Petitioner filed a miscellaneous application under Section 254(2) of the Act before the ITAT. By an order dated 31^st March 201....

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....('DTAA'). This specifically deals with the issue of royalty failed by the Assessee during the AY in question. Assessee having agreed to abide by the settlement reached is required to withdraw the present appeal as far as the Question No.1 framed by the Court is concerned. 6. The above fact has not been disputed. Mr. Ruchir Bhatia, learned Senior Standing Counsel for the Revenue, has no objectio....