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2016 (5) TMI 1523 - HC - Income TaxTP Adjustment - No opportunity of cross-examination was granted to the petitioner or not - HELD THAT:- Petitioner would have had no opportunity of rebutting the data unless the persons, who submitted the data, were subjected to cross-examination. This is all the more so because the data that was submitted was not part of the audited accounts. In these circumstances, we set aside the impugned order dated 29.03.2016 and remit the matter to the TPO for affording an opportunity to the petitioner to cross-examine the authorized personnel of the said companies, who submitted the segmental data, which has been utilized by the TPO. The TPO may thereafter pass a fresh order in accordance with law. The learned counsel for the petitioner states that the petitioner shall not take up the plea of limitation.
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