2025 (5) TMI 2313

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.... JUDICIAL MEMBER For the Assessee : Shri T Suryanarayana, Advocate For the Revenue : Shri Parithivel V, JCIT (DR) ORDER PER WASEEM AHMED, ACCOUNTANT MEMBER: This Miscellaneous Application (MA) has been filed by the assessee under section 254(2) of the Income Tax Act, 1961 seeking modification in the order passed by the ITAT. 2. The brief facts of the case are that the assessee is....

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....are and was subject to a transfer pricing study in the assessment of subsidiary company. In the case of the assessment of subsidiary company, the Transfer Pricing Officer (TPO) had not invoked DAPE provisions for the same transactions. In light of this, the Tribunal in the case of the assessee concluded that the question of treating the Indian subsidiary as a DAPE does not arise, yet the matter wa....

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.... merit in the contention of the assessee. The learned DR also could not controvert the arguments advanced by the learned AR for the assessee. Accordingly, we modify the finding given by the ITAT in paragraph No. 10 of the order in ITA No. 990/Bang/2023 which is reproduced as under: 10. We have heard the rival contentions of both the parties and perused the materials available on record. O....

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.... between the assessee and the Indian subsidiary has been accepted as a transaction of purchase and sale and has been subjected to arm's length price determination, then the Revenue shall not treat the Indian subsidiary as a DAPE in the case of the assessee. Hence, we set aside the issue to the file of the AO to decide in the light of the above stated discussion and as per the provisions of law. He....