TMI Blog2015 (12) TMI 1781X X X X Extracts X X X X X X X X Extracts X X X X ..... ate to send this issue back to the file of AO/TPO for a fresh decision with respect to the said company. The assessee shall put forth all requisite material before the AO/ TPO in support of its claim, for which proper opportunity should be provided. With these directions, we send this issue back to the file of the AO/TPO. Thus, additional ground is treated to be allowed for statistical purposes. - ITA NO.7623/Mum/2012 - - - Dated:- 16-12-2015 - Shri Amit Shukla and Shri Ashwani Taneja, JJ. Appellant by Shri A.V. Sonde (AR) Respondent by Shri N.K. Chand ( CIT-DR) ORDER Ashwani Taneja This appeal is filed by the Assessee against the orders of Disputes Resolution Panel -II, Mumbai {in short, DRP }, for the assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in the case of National Thermal Power Co. Ltd. 229 ITR 383, we admit this ground for adjudication. 3.3. During the course of hearing, Ld. Counsel has made submissions with respect to additional ground only. No arguments have been made on the main grounds raised with the appeal memo. Therefore, in these circumstances, all the grounds raised with the appeal memo are dismissed. 4. Additional Ground: In this ground the assessee has challenged the action of lower authorities in considering the company M/s. Man Diesel India Limited , as comparable company to the assessee company, even though said company has significant related party transactions during the F.Y. 2007-08. 4.1. The brief background of the case is that the business pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom operations- 45.76% RPT (Expenses + Income)/ Revenue from operations- 65.39% 4.3. Further attention was drawn on page no. 48 of the paper book which is relevant portion of Notes to Accounts of the balance sheet of the said company, wherein complete breakup and details of related party transactions of the said company have been given. It was submitted that the related party transactions are far above the limit of 15% and even 25%, and therefore, viewed from any angle, this company could not have been included in the list of comparables, and therefore, the TP adjustment made by the lower authorities is contrary to law and facts, on the face of it. It was submitted that any tax collected without the authority of the law is not permi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en applying the correct position of law. 4.5. On the other hand, Ld. CIT-DR has opposed the submissions of the Ld. Counsel. It has been submitted by him that it has not been demonstrated that RPT filter was applied by the assessee or PTO, and since this filter was not applied, this issue cannot be raised here before the Tribunal. However, he was fair enough to admit that the balance sheet and other connected facts pertaining to the aforesaid company are held on record. He has placed reliance on the judgment of Hon ble Delhi Bench ITAT in the case of NOKIA INDIA (P) LTD. in ITA NO.242/Del/2010 dated 31.10.2014. 4.6. We have gone through the submission made by both the sides. The undisputed facts on record are that the aforesaid company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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