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2017 (12) TMI 1785
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....nha, Advocate. For the Respondent : Mr. Rahul Chaudhary, Sr. Standing Counsel with Mr. Sanjay Kumar, Jr. Standing Counsel. ORDER Admit. Issue notice. Mr. Rahul Chaudhary, Advocate accepts notice on behalf of revenue. The question of law urged is with respect to the applicability of the other method for bench marking international transactions under Section 92C for which the assessee....
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....cerned assessment years. In respect of the transactions that were not covered by the other method, the assessee used the TNMM - this much is evident from the transfer pricing report relied upon during the course of the assessments. The AO rejected the use of the other methods in totality and proceeded to apply the TNMM method. The Disputes Resolution Panel ("DRP") sought the remand in the first....
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.... compared to earlier years. Therefore it casts heavier burden on the assessee to prove that the transaction stated by it to be "closely interlinked‟ in the earlier years are not so in this year and reasons for the changes in approach of the assessee to benchmark those transaction on "Transaction by transaction‟ basis. On reading of the TP study report we did not find any reasons stated....
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....hod and all the considerations should weigh to the tax administrators in this regard vis-a-vis revenue and cost allocation, this Court is of the opinion that the ITAT should have proceed with the matter afresh instead of having remanded the matter totally to the TPO, as it did in the circumstances. In these circumstances, the impugned order is modified. The ITAT is directed to go into the matte....