TMI Blog2011 (3) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... le in nature - In this circumstances of the case, grant stay in the matter with a direction to the assessee-company to make a payment of Rs. 50,00,000 in two monthly instalments - Subject to this condition, stay is granted for a period of 120 days from the date of this order or till the disposal of the appeal, whichever is earlier - Thus, the stay application is partly allowed. - S.P. NO. 40 (BA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of internet and onsite expenses of Rs. 11,45,37,299 attributable to delivery of software outside India as provided under section 10A and disallowance after an adjustment of 'arms length price' (ALP) to the extent of Rs. 4,24,78,340 with reference to TPO's order. 3. Aggrieved by the draft order, the assessee company filed its objections before the Disputes Resolution Panel (DRP), which upheld the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the determination of ALP is matter of interpretation of law and depends on facts of the case. It was further submitted that the facts of the case are in favour of the assessee-company and it has a fair chance of succeeding in the appeal before the Tribunal. It was, thus, prayed that stay may be granted in this case with early hearing of the appeal. 5. The learned departmental representative, on ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
