TaxTMI 
TaxTMI 
2023 (11) TMI 998
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....r the assessment year 2018-19. 2. Grounds of appeal taken by the assessee read as under :- "Hitachi Astemo Haryana Private Limited (formerly Showa India Private Limited) (hereinafter referred to as 'Hitachi Astemo or 'Appellant') craves leave to prefer an appeal against the order passed by the National Faceless Assessment Centre, Delhi [hereinafter referred to as "NFAC" or "AO"] pursuant to directions issued by the Hon'ble Dispute Resolution Panel [hereinafter referred to as 'DRP'] under Section 143(3) read with Section 144C(13) and Section 1448 of the Income-tax Act, 1961 (hereinafter referred to as the 'Act') on the following grounds 1 On the facts and circumstances of the case, the fin....
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....TPO/DRP has erred in law and on facts and circumstances of the case by rejecting the economic analysis conducted by the Appellant in accordance with the provisions of the Act read with the Income Tax Rules, 1962, for determination of the Arm's length price using Comparable Uncontrolled Price ('CUP') method as the most appropriate method. 9. Without prejudice to any of the grounds, the Ld. AO/NFAC//TPO/DRP has erred in law and on facts by selecting comparable agreements based on inconsistent, inappropriate and unreasonable criteria. GROUNDS PERTAINING TO PENALTY PROCEEDINGS 10 That on acts and In laws, the Ld AO!. FAC / TPO / DRP erred in holding that the Appellant has furnished Inaccurate particulars o....
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....ect by the TPO and the same was communicated to the TPO requesting to pass order giving effect of DRP's order dated 23.02.2022. Though the order giving effect of DRP's direction passed by the TPO is also dated 30.03.2022, the same was not received by the AO. AO could not incorporate the same in the assessment order. However, he passed the order subject to the modified order of the TPO which is yet to be passed and the necessary modification with regard TP adjustment which would be made by passing rectification order on receipt of the TPO order in due course. Thus, in the above facts, it is emanating that the final assessment order is without incorporating of DRP's directions. As stated above, the reason is that DRP has given certain directi....
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....entre and ANR WP (C) 6484/2021; and (iv) Ford India Pvt. Ltd. vs. National E Assessment Centre - WP (C) 12701/2021. 5.1 Referring to these case laws, ld. DR for the Revenue has submitted that the facts of the present case and the case laws cited are similar. AO in these cases passed the order without incorporating the DRP's direction. In all the above cases, the Hon'ble High Courts did not quash the entire proceedings and only the final assessment order along with the demand notice were set aside and proceedings restored to the level of DRP/AO. He reiterated that even though the assessment orders have been passed without incorporating the DRP's directions and in complete violation of mandatory procedure u/s 144C of the Act, but ....
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..... (supra), the final assessment order was passed without incorporating the DRP's directions. Hon'ble High Court, in such a situation, quashed the final assessment order and the demand of notice and remitted the matter to DRP for consideration under section 144C of the Act. Thereafter, it was directed that the assessment order shall be passed in accordance with the procedure stipulated under section 144B(1) as well as section 144(C) of the Act. 7.2 In the case of Fibrehome India Pvt. Ltd. (supra) also, the final assessment order was passed without incorporating the directions of the DRP. In that case also, Hon'ble jurisdictional High Court remitted the matter to DRP keeping in view of the scheme of section 144C of the Act. In this decisio....