2024 (12) TMI 418

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... under section 143(3) r.w.s. 92CA(3) of the Income Tax Act, 1961 ["Act" in short] for the assessment years 2014-15 and 2013-14 respectively. 2. Since the issues raised in these appeals are similar basing on the same identical facts, with the consent of both the parties, we proceed to hear both the appeals together and pass common order for the sake of convenience. 3. The ld. AR requested to take up the appeal for the assessment year 2014-15 in IT(TP)A No. 62/Chny/2018 as lead case. Therefore, we proceed to take the same as lead case. 4. We shall take up appeal in IT(TP)A No. 62/Chny/2018-AY: 2014-15 5. Ground Nos. 1, 2 & 11 are general in nature and requires no adjudication. 6. Ground Nos. 3 & 4 raised by the assessee in challenging th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....AE cost was determined. The DRP, basing on its earlier findings for AY 2013-14 confirmed the views of the Assessing Officer in rejecting resale price method and adopting Berry Ratio as most appropriate method vide its finding at para 3.1 of the DRP's order. 8. The ld. AR brought on record, before us, copy of order dated 25.05.2022 in ITA No. 739/Chny/2016 passed by the ITAT Chennai in assessee's own case for AY 2011-12 and drew out attention to para 4 of the said order. He submits that the assessee brought on record before the ITAT for AY 2011-12 by stating that those additional evidences were filed for first time and there was no occasion before the DRP and TPO for verification. The ld. AR further drew our attention to the additional evid....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ve said additional evidences and determine the most appropriate method for adopting the ALP in the facts and circumstances of the case. Thus, ground Nos. 3 & 4 raised by the assessee are allowed for statistical purposes. 11. Ground Nos. 5 to 9: In view of our decision in ground Nos. 3 & 4, we find the ground Nos. 5, 6, 7, 8 and 9 becomes infructuous, requiring no adjudication. Accordingly, ground Nos. 5 to 9 are dismissed as infructuous. 12. Ground No. 10 is consequential in nature and requires no adjudication. 13. The ld. AR submits that the assessee is not interest in prosecuting additional grounds raised by them. Accordingly, additional grounds raised by the assessee are dismissed as not pressed. 14. Now, we shall take up appeal in I....