TMI Blog2012 (4) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent by : Shri Etwa Munda, CIT-III O R D E R PER SMT. P MADHAVI DEVI, JUDICIAL MEMBER This appeal is filed by the assessee. The relevant assessment year is 2006-07. The appeal is directed against the proceedings of the Dispute Resolution Panel at Bangalore dated 28.09.2010. The appeal arises out of the proceedings completed u/s 144C(5) r.w.s 144C(8) of the Income-tax Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the activities of the assessee and that of India Products Ltd., are not comparable at all. He has drawn our attention to various pages of paper book filed before us relating to the business activities of India Products Ltd., (which has been down loaded from the internet) to demonstrate that India Products Ltd., is mainly dealing with spices, while the assessee is dealing in coffee. He subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eas the tax payer is involved in the trading of coffee and they are functionally different but the TPO as well as the DRP have failed to consider the same. 5. The learned DR however supported the orders of the authorities below : 6. Having heard both the parties and having considered the rival contentions, we find that both the TPO as well as the DRP have not considered the objections raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P has not dealt with the issue in a judicious manner. In view of the same, we deem it fit and proper to remit the issue to the file of the AO/TPO for reconsideration of the objections raised by the assessee against the method of computing the ALP i.e what is the most appropriate method, CUP or TNMM and also the comparables adopted by the TPO. Thus, the issues are set aside for denovo consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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