TMI Blog2015 (2) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Rule 10B(4) as further interpreted by the Tribunal in various decisions, we find merit in the contention of the learned Counsel for the assessee that there is a mistake of law in the order of the Tribunal in giving alternate direction to the Assessing Officer to consider the rate adopted by the assessee in the immediately next year for comparability analysis and the same being appare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial on record. 3. The Learned Counsel for the Assessee has invited our attention to paragraph No.9 of the Tribunal Order dated 15.07.2011 (supra) whereby the issue relating to T.P. adjustment was restored by the Tribunal to the file of A.O. for deciding the same afresh as per the following directions : 9. Firstly, in our opinion, comparison of assessee s price with the price o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate chargeable by M/s. WIPRO cannot be comparable to assessee s case. Being so, in our opinion, the Assessing Officer is required to bring on record the comparable case to determine the price. If the Assessing Officer is unable to bring on record the comparable case, the Assessing Officer is at liberty to consider the rate adopted by the assessee immediate next year and thereafter he is required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being more than two years prior to such financial year may also be considered if such data reveals facts which could have an influence on the determination of transfer prices in relation to the transactions being compared. 5. Relying on the above Rule, he has submitted that the alternate direction given by the Tribunal to the Assessing Officer to consider the rate adopted by the assessee in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee that there is a mistake of law in the order of the Tribunal in giving alternate direction to the Assessing Officer to consider the rate adopted by the assessee in the immediately next year for comparability analysis and the same being apparent from record, we rectify the same by deleting such alternate direction given by the Tribunal in paragraph No.9 (highlighted portion) of its order. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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