2013 (10) TMI 522

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..... of Commissioner of Income Tax (Appeals) for the assessment year 2005-06. 2. None has appeared on behalf of the assessee when the appeal was called for hearing despite the notice of the hearing duly served upon the assessee vide acknowledgement. A Letter for request for adjustment has been filed by one Shri Nirmal Kumar Mallawat stated to be Income Tax practicener however, there is no authority on .....

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..... India) (P.) Ltd. [1991] 38 ITD 320. 4. However, if the assessee through proper application can satisfy the Tribunal for such non appearance on the date of hearing, the Tribunal may at its discretion recall this order. ITA No. 8030/M/2011 5. The Revenue has raised the following grounds in this appeal:      "On the facts and circumstances of the case and in law, the Ld. CIT(A .....

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..... t is available only when the prices of international transaction is within the range of 5% of the arithmetic mean of more than one comparable prices. Accordingly, we set aside the order of the CIT(A) qua this issue and decide this issue in favour of the revenue. 7. In the result, the appeal of the assessee is dismissed and appeal of the revenue is allowed. Order pronounced in the open Court on t .....

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