TMI Blog2015 (12) TMI 1807X X X X Extracts X X X X X X X X Extracts X X X X ..... is 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:- 15-12-2015 - Shri Amit Shukla, Judicial Member, and Shri Ashwani Taneja, Accountant Member For The Appellant : Shri A.V. Sonde (AR) For The Respondent : Shri N.K. Chand ( CIT-DR) ORDER Per Ashwani Taneja (Accountant Member): ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the submissions made by both the sides. It is noted that this issue can be decided on the basis of facts already on record before the lower authorities. In the interest of justice and in view of judgment of Hon ble Supreme Court 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 considerin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said company wherein amount and other particulars of related party transactions of Man Diesel India Ltd. are given. He has drawn our attention on page no. 57 of the paper book, showing that related party transactions of the said company are as under: RPT (Income)/ Revenue from 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 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Services Pvt. Ltd Vs Asst. CIT 23 ITR (Trib) 70 (Mumbai) 12. Sumitomo Corporation India Private Limited, Vs DCIT ITA No.2307/Del/2009 13. Techbooks International Private Limited Vs ACIT ITA No.4990/Del/2011 14. United Health Group Information Services Pvt. Ltd. Vs ACIT ITA No. 6312/Del/2012 4.4. It has been submitted by the Ld. Counsel that prayer of the assessee is within the frame work of law, and therefore no illegal action should be allowed to be sustained. It was submitted by him that in all fairness, this matter should be sent back to AO for verification of the facts already on record and then applying the correct position of law. 4.5. On the other ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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