TaxTMI 
TaxTMI 
2018 (1) TMI 1564
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....nvenience. ITA No. 2791/Ahd/2014 Revenue's appeal 3. The first grievance relates to the part relief given on account of TP adjustment in respect of "interest on loans to AEs" and on account of "corporate guarantee". 4. At the very outset, the ld. counsel for the assessee stated that the impugned issues have been decided by the Tribunal in assessee's own case in A.Y. 2009- 10. The ld. counsel placed the order of the Co-ordinate Bench for consideration. The ld. D.R. fairly conceded to this. 5. We have carefully perused the orders of the authorities below. We find force in the contention of the ld. counsel. We find that the Tribunal has considered a similar issue in assessee's own case in ITA No. 2074 & 2179/Ahd/2013. The issues was co....
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.... appropriate to allow the position to be changed in a subsequent year". 26. In view of these discussions, grievance raised by the Assessing Officer is not maintainable, and is dismissed as such. 6. As no distinguishing decision has been brought on record, respectfully following the findings of the Co-ordinate Bench, the deletion of the TP adjustment on account of interest on loan is upheld. 7. Similarly, the TP adjustment on account of corporate guarantee for working capital and Corporate guarantee for financing and other arrangements was considered by the Tribunal at Para 24 of its order. The relevant findings read as under:- 24. We are in respectful agreement with the views so expressed by the coordinate bench. Having said that,....
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....e matter that the view so taken, by the co-ordinate bench, for the immediately preceding assessment year. We, therefore, uphold the grievances of the assessee and delete the impugned ALP adjustments. 7. As we have held that no such ALP adjustment is permissible, grievances raised by the Assessing Officer, with respect to quantification of ALP adjustment, are dismissed as infructuous. 8. As we part with the matter, we may add that a substantial question of law on this issue, in the case of Micro Ink Limited - the decision followed by us in coming to our aforesaid conclusions, has been admitted by Hon'ble jurisdictional High Court and the issue is thus pending for adjudication by Their Lordships. In this view of the factual position, ev....