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TMI Blog2015 (10) TMI 1453X X X X Extracts X X X X X X X X Extracts X X X X ..... ce and without granting due opportunity of being heard to the assessee while making the reference alongwith other grounds as raised in the grounds of appeal. 2. During hearing, the ld. counsel for the assessee, Shri Ajit Tolani, advanced his arguments which are identical to the ground raised challenging upholding the entire adjustment made to the total income of the assessee which was based upon the order of the TPO and further upheld by the ld. Commissioner of Income tax (Appeals). The ld. Counsel took us to the various pages of the voluminous paper book filed by the assessee claiming that the necessary details were filed by the assessee right from assessment stage itself which were not considered in proper perspective by the ld. Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Rs. 8,51,81,900/- on 3rd March, 2009. The assessee vide letter dated 4th August, 2010, also filed revised computation of income, adding back entire expenses relating to technical service fees, having regard to the provisions of section 40(a)(i) of the Act revising its total income to Rs. 26,03,03,593/- and paid taxes along with interest on the revised income. During the year under consideration, the assessee entered into international transactions with its Associated Enterprises (AE) within the meaning of section 92 of the Act. The TPO carried out transfer pricing assessment and passed order u/s 92CA(3) of the Act making addition of Rs. 20,18,57,196/- on account of payment for management and technical services availed and payment of tec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made." 2.4. We find that the necessary details with supporting evidences were filed by the assessee, whereas, the ld. TPO passed the order just in three pages in hurried manner. Without going into much deliberation and keeping in view, the principle of natural justice and to safeguard the interest of both sides, we deem it appropriate to remand this appeal to the file of the ld. Assessing Officer/TPO, with a direction to examine the claim of the assessee afresh, uninfluenced by the observation made in the impugned order and decide afresh in accordance with law by passing a speaking order. Needless to mention here that due/sufficient opportunity of being heard with further liberty to furnish evidence, if any, in support of its claim, be pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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