2017 (10) TMI 1471

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....rder of the Tribunal (supra), M.A. No.10/PUN/2017 was filed by the assessee. The M.A. was allowed in favour of the assessee vide order dated 15-09-2017. Para No.5 of the M.A. is relevant and we proceed to extract the same as under : "5. The Registry is directed to list the appeal of assessee for hearing on 31-10-2017 for adjudicating ground Nos. 10 and 13 only. . . . " Consequently, the case of now posted for hearing in the regular course today. 2. Before us, Ld. Counsel for the assessee submitted that Ground Nos. 10 and 13 are to be adjudicated in this appeal. Referring to Ground No.13 relating to 'benefit of +/-5% range' Ld. Counsel submitted that the assessee seeks a direction to the AO to apply the relevant provisions and....

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....d and uncontrolled cost/sale price relatable to the international transactions with the AEs. Further, bringing our attention to the order for A.Y. 2007-08 in ITA No.1683/PN/2011 order dated 31-12-2012, Ld. Counsel demonstrated the fact of deciding the issue in faovur of the assessee relying on the above referred order of the Tribunal for A.Y. 2006-07. Contents of Para Nos. 14 and 15 are relevant (page 456 of the paper book) Referring to the order of the Tribunal for A.Y. 2008-09 in ITA No.263/PN/2013 order dated 24-12- 2013, Ld. Counsel submitted that the above referred orders were followed in favour of the assessee. Contents of Para Nos. 12 and 13 are relevant. (page 506 and 507 of the paper book). He further submitted that in the A.Yrs. 2....

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.... the Act to mean a transaction between two or more associated enterprises. Therefore, it is a natural corollary that the adjustment arising as a result of transfer pricing analysis is to be confined to international transactions undertaken with the AEs alone and not in relation to non-AE transactions. Similar point arose in assessee's own case for the A.Y. 2006-07 in ITA No. 120/PN/2011 (supra) wherein Tribunal after referring to sub-clauses (i) and (ii) of Rule 10B(1)(e) of the Rules and certain precedents by way of decisions of the coordinate Benches, finally accepted the plea of the assessee in the following words: "49. All these cited decisions in general and the decision in the case of M/s. Jt. Jin Electronics I P. Ltd. Vs. AC....