2021 (8) TMI 1364

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....Decisions)<br>Dated:- 16-8-2021<br>W.A.No.1963 of 2021 And C.M.P.Nos.12745 & 12748 of 2021 - -<br>Income Tax<br>Hon&#39;ble Mr. Justice T.S. Sivagnanam And Hon&#39;ble Mr. Justice Sathi Kumar Sukumara Kurup For the Appellant : Mr.N.V.Balaji For the Respondents : Mr.Hema Muralikrishnan Senior Standing Counsel JUDGMENT T.S. SIVAGNANAM, J. This Writ Appeal by the writ petitioner is dir....

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.... discipline would require the TPO to follow the earlier decision of the Tribunal in the assessee&#39;s own case and in support of such contention, reliance was placed on the decision in the case of Union of India v. Kamlakshi Finance Corporation Ltd. reported in (1992) 1992 taxmann.com 16 (SC) and other decisions for the said proposition. 3.The learned Single Bench, taking note of the fact that....

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....8, pertaining to Assessment Year 2015-16, wherein, certain observations have been made with regard to the Arms Length Price. Whether the said adjustment suggestion made in the order dated 30.10.2018 is sustainable on facts can very well be examined by the DRP, which has been conferred with sufficient jurisdiction in terms of Section 144-C of the Act. Therefore, in our considered view, the appellan....

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....l not be upset or a different view will not be recorded. In any event, all issues can very well be agitated by the appellant/assessee before the DRP. We find that, in the counter affidavit filed by the respondent in the writ petition, certain factual issues have been set out to sustain their contention that the decision of the Tribunal for the Assessment Year 2013-14 would not apply. There are als....