TMI Blog2011 (9) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... ut taking cognizance of facts and circumstances, particularly the details of comparables produced by the assessee. The learned DRP has not assigned any reason for concurring with the learned TPO. To our mind, it is necessary for the learned DRP to consider the facts and circumstances and record reasons in support of its order so that higher appellate forum can appreciate what weigh with the collegium of three senior officers of the revenue department to concur with the conclusion drawn by the learned TPO. - 5650 (DELHI) OF 2010 - - - Dated:- 16-9-2011 - RAJPAL YADAV, B.C. MEENA, JJ. R. Satish Kumar for the Appellant. N.K. Chand for the Respondent. ORDER Rajpal Yadav, Judicial Member. The present appeal is directed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lected for scrutiny assessment and a notice under sec. 143(2) was issued and served upon the assessee. During the course of assessment proceedings, Assessing Officer found following international transactions with its associate enterprises: S.No. Description of the transactions Amt. (in Rs.) Method used for determination of Arm's length price. 1. Provision of services by SDC 597,622,735 Transactional Net Margin Method (TNMM) 2. Provision of IT enabled services 1,620,820,385 Transactional Net Margin Method (TNMM) 3 Availing support services rendered by EFC 13,371,393 Transactional Net Margin Method (TNM) 4 Reimbursement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned TPO could not be compared. Learned DRP has decided the objection of the assessee by passing the following order: "ORDER UNDER SECTION 144C OF THE INCOME-TAX ACT" In this case the objections to the draft assessment order were filed before the DRP on 15.01.2010. The case was fixed for hearing on 30.7.2010. Shri Ankit Arora, Richa Gupta, Priyanka, Ashutosh Mahajan and Jasvinder Singh from Deloitte Haskins Sells appeared on behalf of the assessee and argued the case. The TPO orders have been objected to on grounds of wrong rejection of assessees comparable by TPO as also rejection of risk analysis conducted by the assessee. The other ground of objection is regarding disallowance of deduction u/s.10A of the Income-tax Act. We have c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide his order dated 30th September 2009 passed under sec. 92CA(3) of the Income-tax Act, 1961. The assessee had submitted before the learned DRP that TPO has erred in including and excluding the comparables for working the PLI, however, learned DRP has concurred with the findings of the learned TPO without taking cognizance of facts and circumstances, particularly the details of comparables produced by the assessee. The learned DRP has not assigned any reason for concurring with the learned TPO. To our mind, it is necessary for the learned DRP to consider the facts and circumstances and record reasons in support of its order so that higher appellate forum can appreciate what weigh with the collegium of three senior officers of the revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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