TaxTMI 
TaxTMI 
2025 (8) TMI 1166
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....the following Grounds of Appeal for the A.Y. 2020-21 : "Based on the facts and circumstances of the case and in law, Sirona Dental Systems Private Limited (hereinafter referred to as the Appellant) craves leave to prefer an appeal against the order dated 19 July 2024 passed by the learned Assessment Unt, Income-tax Department (hereinafter referred to as Mamed Assessing Officer or learned AD) under section 143(3) read with section 144C(13) read with section 144(8) of the Income-tax Act 1961 (hereinafter referred to as the 'Act') in pursuance of the directions issued by the Hon'ble Dispute Resolution Panel-1, (hereinafter referred to as the Hon'ble DRP') on the following grounds, each of which are without prejudic....
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....ment of Rs. 45,78,792, in respect of purchase of goods from AE by: 5.1 failure to consider the audited financials of the Appellant for computing the PLI of the Appellant: 5.2 erroneously considering the value of operating assistance at INR 4,65,54,272 instead of INR 4,75,39,584; 5.3 not considering prior period expenditure, penalty interest and loss on sale of assets as non-operating expenses though the same were classified as non-operating in the original transfer pricing order; and 5.4 not considering "warranty provision written back" amounting to INR 31,81,643 credited to profit & loss account as operating in nature without appreciating that "provision written back" amounting to INR 3,58,485 was consid....
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.... for the reasons mentioned TP order, but the Ld. DRP computed the same at Rs. 45,78,792/- and considering the directions of DRP, an amount of Rs. 45,78,792/- was added. 5. Aggrieved by this order of Ld. A.O, the appellant filed an appeal to ITAT with the grounds of appeal mentioned in page 2 & 3 of this order. 6. As far as the limitation issue is concerned, the Ld. AR of appellant has filed a letter dated 16/10/2024, during the proceedings before ITAT, stating that the appellant is withdrawing this legal ground based on the decision of Roca Bathroom Products pvt. ltd. of Madras High Court dated 09/06/2022, as it would prolong the appeal process. In view of the same this ground relating to limitation is dismissed, as "withdrawn". 7.....
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.... judicial precedents. 9. Per contra, the Ld. AR has argued that the Ld. AO has computed the PLI using draft financials provided by Assessee Company. The Ld. DRP has directed the TPO to compute PLI only after considering the figures as per audited financials based on which the income was computed by appellant company. As there were no specific directions in Ld. DRP's order with respect to "Warranty Provisions" written back, because this ground was not raised by the appellant before the Ld. DRP. The Ld. DR has finally argued that since this ground of "Warranty Provisions" was not raised before the Ld. DRP, the appellant company's plea to set aside the matter to the Ld. TPO with the direction to look into warranty provisions, should....