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2021 (11) TMI 349 - AT - Income TaxTP adjustment - TPO to arrive at Arm's length price as Nil - assessee submitted that they were unable to attend proceedings before the TPO and file necessary submissions with documentary evidences in support of the case on merits as was called for - HELD THAT:- It is correct that the assessee has not complied with the directions of the Revenue Authorities and has not filed necessary documentations but also it is correct that the Revenue Authorities on their own has not made necessary efforts to arrive at the correct conclusion in respect of the Arm's length price of the transaction related to purchase of raw materials. DR has not disputed that the Ld. DRP considered only one submission of the assessee and other one was ignored though it was on record, the assessee had filed both the submissions through e-mails. Even in a case of best judgment assessment u/s. 144 of the Act, in a case where the assessee does not appear or does not provide proper evidences before the Assessing Officer, the Assessing Officer provides reasons and completes the assessment u/s. 144 of the Act. In this case, while arriving at Arm's length price as Nil, the Assessing Officer has not given any specific findings. Furthermore, the Ld. DRP has come out with the same findings upholding the order of the Assessing Officer/TPO. Sub-ordinate Authorities in their respective orders, have given no findings as regards the merits of the case and one of the reason for this that the assessee has not furnished necessary documentary evidences before the Revenue Authorities. Before us, the assessee has prayed for one final opportunity to represent his case on merits. In the interest of justice, one final opportunity should be provided to the assessee. The assessee is specifically directed to provide necessary details/evidences/documentation before the TPO as and when called for to represent his case on merits. Accordingly, we set aside the directions of the Ld. DRP and remand the matter to the file of the Assessing Officer/TPO for re-adjudication - Appeal of the assessee is allowed for statistical purposes.
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