TMI Blog2012 (7) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... his information is neither contained in the annual reports nor in the public domain data base and is not not supplied to assessee to enable it to meet the objections - direction to TPO to arrive at the ALP after providing the assessee adequate opportunity of being heard in accordance with law -decided in favour of assessee. - ITA No. 5352/Del/11 - - - Dated:- 15-6-2012 - SHRI R.P. TOLANI AND S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reof were provided to assessee to meet the contents/data. (iii) Adopting the data of certain companies on ad hoc basis. 3. Learned counsel for the assessee contends that the assessee is engaged in providing routine IT-enabled and software development services to its associated enterprises ( AES ). The assessee filed necessary transfer pricing report ( T.P. report ) which was based on data av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Labs Ltd. - Datamatics Ltd. - E-Zest Solutions Ltd. - Geometric Ltd. (Seg.) - Helios Matheson Information Technology Ltd. - Ishir Infotech Ltd. - KALS information Systems Ltd. (Seg.) - Lucid Software Ltd. - Mediasoft Solutions Ltd. - Megasoft Ltd. - Mindtree Ltd. - Persistent Systems Ltd. - Quintegra Solutions Ltd. - R.S. Software (India) L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nformation to the assessee and arrive at the ALP after considering the objections raised by the assessee in that behalf. Further reliance is placed on M/s Kodiak Networks (India) Pvt. Ltd. [ITA no. 1413/Bang/2010] for the same purpose. 4. Ld. DR is heard who supports the order of AO. 5. We have heard rival contentions and gone through the relevant material available on record. From the materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to enable it to verify the comparable figures with a right to file objection/ apply thereon. The TPO shall arrive at the ALP after providing the assessee adequate opportunity of being heard in accordance with law. Consequently, we set aside the matter back to the file of AO/TPO accordingly. 6. In the result, assessee s appeal is allowed for statistical purposes only. Order pronounced in open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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