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TMI Blog2018 (6) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Tribunal was to benchmarking of the value of the group IT expenses shared by the Assessee-Company and paid to its Associate Enterprise M/s. SKF Data Services, Sweden, where the adjustments were made under Section 92C of the Act required further investigation and therefore the learned Tribunal remanded the matter back to the Assessing Officer. 4. The other issue raised for the said Assessment Years above was also about the disallowance under Section 40[a][ia] of the Act for not deducting the tax at source for such payments of share of cost of group IT services rendered by the Associate Enterprise M/s. SKF Data Services, Sweden. 5. It was contended before the learned Tribunal by the Assessee that both the disallowances, namely, adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F Data Services, Sweden, to the asseesee and how far the "make available" clause was or was not satisfied were never verified either by the TPO or the DRP. In our opinion, this aspect also requires a fresh look by the AO. We set aside the orders of the authorities on the aspect of disallowances u/s.40(a)(ia) of the Act also and remit it back to the file of the AO for consideration in accordance with law, Ground.II(1) of the assessee stands allowed for statistical purpose. 24. This leaves us with two other ground taken by the assessee which appears in appeal for A.Y.2007-08. First one relates to set off of carry forward loss. As per the assessee, carry forward loss for A.Y.2006-07 was Rs. 41,95,29,825/- and not Rs. 10,96,29,092/-. Ld. AR s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessee Mr. K.R. Vasudevan, urged before the Court that though the issues have been remanded by the learned Tribunal, but the observations made by the learned Tribunal in Paragraph-26 that irrespective of any additions made under ALP pricing provisions, additions u/s 40[a][ia] of the Act can also be definitely be made by the AO, since both these provisions apply in altogether different independent spheres, gives rise to a substantial question of law which deserves to be decided by this Court at this stage. 8. Learned Counsel for the Revenue, however, supported the impugned Order of the learned Tribunal. 9. Having heard the learned Counsel for the parties, we are of the opinion that since both the issues with regard to TP adjustments un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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