9911796707
TMI Blog2012 (8) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... The appeal is admitted and with the consent of the parties heard on the following substantial question of law :- "Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in setting aside the order of the CIT (A) and remanding the matter to the AO for fresh adjudication ?" Questions 2, 3 and 4 raised in paragraph III of the appeal would be covered by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said adjustment. The AO rejected the appellant's contentions and accepted the adjustments made by the TPO. 5. The CIT (A) held in the appellant's favour and directed the AO to delete the said additions by about Rs. 1.41 crores made on account of the adjustment of the ALP in respect of the appellant's international transactions with its principals. 6. Considering the order we intend passing, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment year in the impugned case is A.Y. 2003- 04. Thus in the light of the decision of the Special Bench, the T.P. issued was in the initial stages in this year and therefore a liberal approach should be taken. Considering the totality of the facts of the case, we are of the opinion that the matter should go back to the file of the A.O. for fresh adjudication with a direction to give sufficien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Although the order very fairly permits the appellant an opportunity of filing fresh comparables for the financial Year 2002-2003 in order to enable the appellant to make out its case properly, the appellant is willing to proceed before the Tribunal on the basis of the existing material including the comparables already furnished. It states that it does not wish to furnish any further material. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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