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2016 (2) TMI 1295 - ITAT HYDERABADTP Adjustment - assessee had applied Resale Price Method (“RPM”) to submit that the transaction was at ALP - whether it should be RPM or TNMM for determination of the ALP? - HELD THAT:- After taking note of the Tribunal’s order in assessee’s own case for the A.Y. 2009-10 [2015 (9) TMI 1701 - ITAT HYDERABAD]and also taking note that the issue arising in this year is also similar, we deem it fit and proper to remit these issues to the file of the TPO for re-determination of the most appropriate method for determination of the ALP and we also direct the TPO to consider the comparables adopted by the assessee in addition to the companies selected by him for determination of the ALP if it is held that the RPM is the most appropriate method. Accordingly, ground Nos. 1 to 13 are treated as allowed for statistical purposes. Disallowance u/s 36(1)(5) - contribution is to employees superannuation fund which has not been approved by the appropriate authority - HELD THAT:- As this is a legal issue, we deem it fit and proper to admit the additional evidence filed by the assessee and remit this issue also to the file of the A.O, to examine the issue relating to the contribution made to the LIC and consider the same in the light of the judgment of the Hon’ble Supreme Court in the case of Tex Tool Company Limited. [2009 (9) TMI 66 - SUPREME COURT] Accordingly, Ground of the assessee is allowed for statistical purposes.
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