2018 (3) TMI 1814

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....dhav ORDER PER SUSHMA CHOWLA, JM: The appeal filed by the Revenue is against the order of DCIT, Circle-1(1), Pune, dated 24.02.2015 relating to assessment year 2010-11 passed under section 143(3) r.w.s. 144C(13) of the Income-tax Act, 1961 (in short 'the Act'). 2. The Revenue has raised the following ground of appeal:- 1. On the facts and in the circumstances of the case, the ....

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..... Thereafter, the DRP issued directions under section 144C of the Act vide order dated 26.12.2014. The final assessment order was passed under section 143(3) r.w.s. 144C(13) of the Act on 24.02.2015, against which though, the DRP had given certain directions, but TP adjustment of Rs. 2.69 crores was made. Thereafter, an order was passed under section 154 of the Act on 23.04.2015, wherein no additi....

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.... the ratio laid down by the Pune Bench of Tribunal in ACIT Vs. Dana India Technical Centre Pvt. Ltd. in ITA No.592/PN/2013, relating to assessment year 2008-09, order dated 30.03.2016. 7. We have heard the rival contentions and perused the record. The limited issue which arises in the present appeal is against determination of PLI for the year under consideration. The assessee during the year u....

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.... regard. The DRP has directed vide para 2.4.1 to exclude earlier year expenses for determining PLI of the year under appeal. 9. We find similar issue arose before the Tribunal in ACIT Vs. Dana India Technical Centre Pvt. Ltd. (supra) and it was held as under:-  "12...... The learned Authorized Representative for the assessee fairly conceded before us that out of total losses of ap....