Revenue's TP Adjustment Using Form 3CED Auditor's Certification Challenged; Form Doesn't Address Tested Party's Situation.

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Full Text of the Document

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....TP Adjustment - tested party for the purpose of determination of Arm's Length Price - Revenue seeks to pin the assessee based upon the auditor's certification as filed in Form 3CED. As could be seen from the statutory form, it pertains only to the transactional claims and has got nothing to do with a tested party. The revenue cannot compare the case of the assessee with that of the assessee who fails to claim in his return of income a deduction or a benefit which he would be otherwise entitled to. - HC....