2023 (8) TMI 1117

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....i, Sr. Standing Counsel with Mr Ashvini Kumar, Ms Madhavi Shukla and Mr Nikhil Jain, Advs.   For the Respondent Through: Mr Mayank Nagi, Adv. RAJIV SHAKDHER, J.: (ORAL)   CM APPL. 39891/2023   1. Allowed, subject to just exceptions.   CM APPL.39892/2023[Application filed on behalf of the appellant/revenue seeking condonation of delay of 14 days in filing the appe....

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....eal concerns Assessment Year (AY) 2009-10. 8. Via, this appeal the appellant/revenue seeks to assail the order dated 19.10.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal]. 9. The following questions of law are proposed for consideration by this Court: "A. Whether on the facts and circumstances of the case, the Hon'ble ITAT is justified in its decision to rejec....

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....only as an economic tool to arrive at the cost of services rendered to the foreign enterprise by the Indian entity and the TPO has the mandate to 'determine' such 'cost' as a primary step in ALP determination? D. Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT is justified in holding that the AMP cannot be inferred to be international transa....

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....i) when the matter is still sub-judice before the Hon'ble Apex Court? G. Whether on the facts and circumstances of the present case the ITAT was justified in deleting the disallowance of depreciation amounting to Rs. 37,54,845/- on de-capitalized assets?" 10. It is not disputed by Mr Puneet Rai, learned senior standing counsel, who appears on behalf of appellant/revenue, that the quest....