2025 (1) TMI 965

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....i Dhanesh Bafna, Ms. Hirali Desai & Sri Kushal Goyal, A.Rs For the Respondent: Sri N. Senthil Kumar, D.R. ORDER PER BENCH: All these three appeals related to assessment years 2010-11, 2011-12 & 2013-14 arising from the order of ld. AO dated 3.2.2015, dated 18.12.2015 & dated 1.9.2017 respectively. 2. Since common issues involved in all these appeals, we are adjudicating all these ap....

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....an adjustment of Rs. 37,19,57,337/- u/s 92CA of the Act. It is pertinent to note here that while making TP adjustment the TPO has made an adjustment on account of payments made by the assessee to its AE under the head "information & technology fees" and determined the ALP of this transaction at NIL. 3.1 Aggrieved with the order of TPO, assessee filed its objection before ld. DRP and the ld. DRP....

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....d the competent authority by way of its letter dated 29.8.2024 has culminated the MAP proceedings. Ld. Counsel for the assessee further pointed out pursuant to MAP proceedings the assessee has filed revised grounds of appeal and the original grounds are not relevant now. In the revised ground of appeal, the assessee has basically withdrawn the issues related to the adjustments made by the TPO in r....

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....hority under MAP and has also accepted the adjustments made by the TPO on account of information technology fees amounting to Rs. 2,13,24,188/-, the protective addition made by the AO in the present year is not tenable and hence, deserves to be deleted. It is settled position of law that when substantial addition has been confirmed/ settled as in this case, then protective addition has no legs to ....