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2017 (6) TMI 1381 - ITAT BANGALORETP Adjustment - ALP determination - arrangement between the assessee and its AE - HELD THAT:- Since the issue in dispute is arising from identical facts and circumstances as in the earlier/later years, it is, therefore, covered by the decision of the co-ordinate bench of the Tribunal in the assessee's own case for asst. years 2004-05 to 2007-08 and asst. year 2009-10. In this factual view of the matter, and following the aforesaid decisions of the co-ordinate benches of the Tribunal (Supra), we hold that where the TPO has accepted the transaction to be at ALP in the hands of the AE, then he cannot take a different stand in the case of the other party to the transaction, i.e, the assessee therein in the case on hand and accordingly set aside the orders of the AO/TPO on this issue. Consequently, the grounds raised by the assessee are allowed as indicated above. Assessee appeal allowed.
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