TMI Blog2018 (6) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... ring on the grounds raised in the memorandum of appeal which is apparent on a bare perusal of the impugned order.- thus the matter is set aside and fit case to be remanded with a direction to decide afresh. - ITA No. 65/2018 c/w, ITA Nos. 788-790/2017 - - - Dated:- 29-5-2018 - Mr. B.S. Patil And Mr. S. Sunil Dutt Yadav, J. J. By. Sri. Shankar .A. Sri. Chythanya K.K., Advocates- For the Appellants By. Sri. Jeevan. J. Neeralgi, Advocate- For the Respondent JUDGMENT ITA Nos.788-790/2017 are preferred by the assessee seeking to set aside the order dated 21.4.2017 passed by the Income Tax Appellate Tribunal (B), Bengaluru in IT (TP) A No.159/Bang/2015, for the Assessment Year 2010-11, IT (TP) A No.132/Bang/2016 for the As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified as there was no value addition made by the AE. 5. The Assessing Officer passed the draft assessment order under Section 143 sub-clause (3) r/w Section 144C of the Income Tax Act, 1961 (hereinafter referred to as Act ) vide order dated 28.2.2014 after incorporating the adjustment in terms of Section 92CA of the Act as regards the excess royalty paid by the assesee. 6. Objections were filed by the assessee before Disputes Resolution Panel, who however, confirmed the findings of the TPO, and the assessing officer passed the final assessment order which came to be challenged before the Income Tax Appellate Tribunal, (B) Bench, Bengaluru. 7. The Tribunal proceeded to dispose of the appeal observing that the only issue that ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the case, the Tribunal is right in law in failing to adjudicate various other grounds raised by the Appellant? As the questions of law at (I) and (II) are interlinked, the same are considered together. 9. The counsel for the appellant submits that when the appeals were being heard the appellant had contended that the question regarding the necessity of separate benchmarking in respect of royalty payment when the TPO had accepted the TNMM at the entity level was covered by the decision of Sony Ericsson Mobile Communications India Pvt. Ltd and the decision of the co-ordinate Bench of this court in the case Siemens VDO Automotive Ltd. Vs. DCIT (TP) A No.923/B/2012 dated 25-01-2017 had held that as the royalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction of expenditure incurred under telecommunication, freight and travelling in foreign currency from export turnover has held the issue in favour of the assessee-company by relying on the decision of the jurisdictional High Court in the case of TATA Elxi Limited (349 ITR 98) . In so far as the said point having been held in favour of the assessee the same not being a subject matter of challenge in the present appeal, findings in para 14 of the impugned order remains undisturbed. 13. In view of the discussion made above, the substantial questions of law on which the appeals had been admitted are answered as follows: a. Question nos.(I) and (II) : Suffice it to say that as per the discussions made above, it is apparent that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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