2025 (12) TMI 1031

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....ncome Tax [for short, Ld. DCIT], Circle-3(2), New Delhi for the AY 2008-09, u/s 254/143(3) r.w.s 144C of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), vide his order dated 30.12.2016. 2. The Assessee has raised following grounds of Appeal which are reproduced as below: " (1) That on the facts and circumstances of the case and in law, the assessment order dated December 30, 2016 passed by the Assessing Officer ("AO") is bad in law and void ab initio as the same has been passed in violation of provisions of section 144C of the Act. (2) That on the facts and circumstances of the case and in law, the AO/ Transfer Pricing Officer (TPO") have erred in making the transfer pricing adjustment amounting to INR ....

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.... comparable companies selected by the Appellant for benchmarking its international transactions and further erred in arbitrarily selecting new companies, which were functionally dissimilar. (7) That on the facts and circumstances of the case and in law, the CIT(A)VAO/ TPO have erred in not granting the claim of the Appellant for capacity utilisation adjustment, without appreciating the submissions filed by the Appellant in this regard. (8) The CIT(A) has erred in upholding the action of the AO/ TPO to use unaudited data requisitioned by taking recourse to the provisions of section 133(6) of the Act, without appreciating that the same is in complete violation of the fundamental principles of natural justice since, (a) infor....

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....h restored the matter to the file of TPO/AO with regard to the addition made on account of TP adjustment. The matter was again referred to the TPO vide a fresh reference with regard to the matter set-aside for de novo examination; after taking approval of Ld. PCIT-1, Delhi. Pursuant to the TPO's order u/s 92CA(3) dated 30.12.2016, the assessment was completed u/s 254/143(3) r.w.s 144C of the Act dated 30.12.2016, determining the total loss at Rs. 1,80,69,390/-, after making an addition on account of TP adjustment amounting to Rs. 1,65,54,708/. Aggrieved, the assessee again preferred an appeal before Ld. CIT(A). Vide order dated 28.06.2019, the appeal of the Assessee was partly allowed by Ld. CIT(A). Further aggrieved, the Assessee has filed....

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....milar circumstances where the matter was remitted to the TPO by the ITAT and the TPO undertook a fresh benchmarking analysis, and, thereafter, instead of passing a draft assessment order, the AO passed a final order. This was challenged by the assessee and finally quashed by the Hon'ble jurisdictional High Court. (3) Additional CIT v. Nokia India (P.) Ltd: [2018] 98 taxmann.com 373 (Del) wherein the Hon'ble Apex Court has dismissed the SLP against the order of the Hon'ble High Court, highlighting that once there was a clear order of setting -aside of the assessment order with requirement of AO/TPO to undertake a fresh exercise of determining Arm's Length Price, failure to pass a draft assessment order, would violate sectio....