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2012 (10) TMI 804 - AT - Income TaxTransfer Pricing additions by DRP/TPO - warranting provision & provision for sale promotion - Additions to income to arrive at the Arm's Length Price of the International transactions - Held that:- Perusal of the order it nowhere suggest that DRP has considered the facts and circumstances of the case, nature of dispute and what is the defence. The order is running into few lines and does not disclose the mind applied by the Adjudicators. Thus it can safely be said that it is totally a non speaking order. It simply opinied that the Draft Assessment order proposed by the Assessing Officer is to be approved. As in ROADMASTER INDUSTRIES OF INDIA P. LTD. Versus INSPECTING ASSISTANT CIT (ASSESSMENT) AND ANOTHER [2006 (5) TMI 86 - PUNJAB AND HARYANA HIGH COURT] the necessity of assigning reason in support of an order adjudicating the controversy between the parties is considered. Thus order reveals that DRP has not applied its mind. The assessee has filed objections running into more than 400 pages not a single objection has been considered by the DRP. Therefore, the order of Ld DRP is set aside and remit the issue back to the file of Ld DRP for re-adjudication - in favour of assessee by way of remand.
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