2019 (1) TMI 1881

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.... Shri S.P. Singh, Shri Manoneet Dalal & Shri Yishu Goel, Ars. ORDER Per O.P. Kant, A.M. : This appeal by the Revenue is directed against assessment order dated 30/11/2015 passed by the Assessing Officer in compliance to the direction dated 30/10/2015 of the Ld. Dispute Resolution Panel for assessment year 2011-12, raising following grounds: 1. On the facts and in the circumstances of t....

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....e assessee filed return of income on 30/11/2011 declaring income of Rs. 1,13,95,310/-. The case was selected for scrutiny and in the draft assessment order dated 02/03/2015 the Assessing Officer proposed following additions: 1. transfer pricing adjustment Rs. 43,15,85,254/- 2. Payment of royalty Rs. 5,10,72,292/- 3. Interest on IT refund Rs. 9,66,078/- 2.1 The Ld. DRP deleted ....

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.... "Baxter International inc. USA" (in short the 'Baxter USA') for the right to use the patents, trademarks, know-how and software which is owned by Baxter USA and no ownership rights have been acquired or purchase by the assessee in any of the above. The learned counsel further submitted that the royalty paid in earlier and subsequent years under the same agreement has been held as revenue by the T....

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....sment year 2006-07 in IT No. 3498/Del/2010 is reproduced as under: "6.3 After perusing the aforesaid findings of the Coordinate Bench in assessee's own case in earlier year and subsequent years, we are of the considered view that facts of the year under consideration are similar to the facts involved in the assessment years 2004-05, 2007-08 & 2008-09, therefore, respectfully following the prece....