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2016 (2) TMI 1083 - DELHI HIGH COURTTransfer pricing adjustment - Held that:- As it is seen that in the impugned order, the ITAT has remanded the issue to the Transfer Pricing Officer. It is pointed out that as far as AY 2009-10 is concerned in the Assessee's own case declined to interfere with the remand order passed by the ITAT. Consequently, the Court declines to frame any question as far as this issue is concerned. Disallowance under Section 14A - Revenue submits that the decision of this Court in CIT v. Holcim India (P) Ltd. [2014 (9) TMI 434 - DELHI HIGH COURT] may require reconsideration by a larger Bench particularly in light of Circular No. 5/2014 of the Central Board of Direct Taxes dated 11th February 2014 - Held that:- The Court is not persuaded to accept the above plea of the learned counsel for the Revenue. In any event, the circular of CBDT cannot possibly override a binding decision of the Court. Consequently, the Court declines to frame any question as far as the above issue is concerned. Following question is framed for determination: “Whether ITAT was correct in deleting the disallowance of ₹ 70,37,18,502 made by the AO under Section 40(a)(i) of the Act on account of non-deduction of TDS?”
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