Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 343 - AT - Income TaxTransfer pricing adjustment - addition relating to payment of royalty u/s.92CA(3) - Held that:- adjustments are made by the Transfer Pricing Officer without giving any detailed reasons in his order. He has merely stated the fact of the impugned adjustment and left at that. When assessee raised the grievance before the DRP, the DRP observed that the TNMM was rejected as the TPO was able to find internal CUP but does not give any further details. It is difficult to even understand, much less examine, the reasoning adopted by the authorities below in making these adjustment This matter is required to be remitted back to the assessment stage with a direction to the TPO to adjudicate upon these issues de novo, by way of a speaking order and after giving yet another reasonable opportunity of hearing. The assessee is at liberty to take such plea, as may be advised, and the TPO shall adjudicate upon the pleas so taken by way of a speaking order. - Decided in favour of assessee for statistical purposes.
|