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2014 (10) TMI 105 - HIGH COURT OF BOMBAYReduction of 5% of ALP u/s 92CA(2) – Tribunal did not considered the earlier order of the assessee – Held that:- The Tribunal's order has resulted in unnecessary confusion and chaos - The Tribunal ought to be aware and realise if any order passed by it in the prior AYs is followed for the successive years in relation to the same Assessee, then, it must indicate with sufficient clarity, the issue dealt with, the number of the appeal and the date of its order - The reference to the order must be correctly denoted - If it refers to some orders of the prior AYs, then it must also indicate in clear terms as to whether such an order has been delivered in consolidated Appeals of the Assessee and Revenue or whether in isolated appeal or successive appeals of either of them - It is only thereafter the higher Court will be in a position to appreciate the point involved in the matter – thus, the order of the Tribunal in relation to the claim of reduction of 5% of arm's length price of international transaction in view of proviso to section 92C(2) is set aside and the matter is remitted back to the Tribunal for fresh consideration – Decided in favour of revenue.
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