2024 (3) TMI 1379

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....wal, Advs For the Respondent: Mr. Vishal Kalra, Adv ORDER 1. The Principal Commissioner has instituted the present appeal seeking to question the order passed by the Income Tax Appellate Tribunal ["ITAT"] dated 25 March 2019. It has in that connection proposed the following questions for our consideration: "A. Whether on facts and in the circumstances of the case and also prevailing law, the ....

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....er grants impunity to the Respondent assessee against the burden of establishing ALP of each transaction separately, royalty and payment of technical fee?" 2. However, we note that when the matter was examined on 08 December 2023, we had identified the central issue which arose in the following terms: "3. ....Whether the upward adjustment made by the Transfer Pricing Officer (TPO) concerning r....

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....nts which were ultimately deleted by the Dispute Resolution Panel ["DRP"]. 5. Mr. Maratha, learned counsel appearing for the appellant, on instructions apprises us that although the aspect of royalty may have constituted the subject matter of the AYs as noticed by us hereinabove, the issue of technical know-how fee did not form the subject matter of consideration in AYs 2011-12, 2012-13 and 2013-....