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2017 (11) TMI 1551 - ITAT MUMBAIAssessment order u/s. 143(3) wherein TP adjustments been made by the AO without referring the matter to TPO - Held that:- AO did not made any reference to TPO which is a mandatory requirement, however while making additions, the AO has drawn references from TPO order for AY 2007-08 for making TP additions . During first appellate stage, the assessee conceded that the ground challenging the framing of assessment without taking recourse to prescribed procedure as is raised before learned CIT(A) is general in nature which should be dismissed. The learned CIT(A) dismissed this ground on the prayer of the assessee. Under the similar circumstances in the case of Carrier Race Technologies P. Ltd.(2015 (12) TMI 837 - MADRAS HIGH COURT) has restored the matter back to the file of the A.O for denovo determination of the issue’s on merits . Before us both the parties have conceded that the matter in the instance case also need to be restored back to the file of the A.O for denovo determination - Decided in favour of assessee for statistical purposes.
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