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2012 (10) TMI 12 - AT - Income TaxTransfer Pricing – DRP reject the contention of assessee raised in appeal on the basis that appeal filed by assessee before CIT(A) for previous AY is pending - Held that:- As the draft order of the assessing authority on TP issues without considering the objections and arguments of the assessee. DRP has not followed any of the mandatory provisions contained in the law before disposing of the reference placed before it u/s 144C. Therefore, we find that the DRP was not justified in upholding the draft order framed by the assessing authority. Appeal decides in favour of assessee & remand back to DRP Whether issues on Transfer pricing is decided by DRP and Non Transfer pricing issues are decided by Tribunal – Held that:- The various issues raised in the appeal filed by the assessee for a particular assessment year will be placed before different authorities at different levels, issuewise and groundwise, then it will very difficult for the AO to pass the final order to give effect to the appellate and court directions and it will be difficult for the assessee as well to appear before different authorities for arguing different points. Entire file remit back to DRP
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