9911796707
TMI Blog2016 (2) TMI 1295X X X X Extracts X X X X X X X X Extracts X X X X ..... he DRP while ground No.14 is against the disallowance of the contribution made by the assessee to employees superannuation fund of Rs. 2,49,270. Ground No.15 is against the levy of interest under section 234B, 234C and 234D of the I.T. Act. Ground No.16 is general in nature and needs no adjudication. 2. As regards ground Nos. 1 to 13 are concerned, the Ld. Counsel for the assessee, Mr. R. Vijayaraghavan, submitted that the assessee company is engaged in development, manufacture and distribution of Cardiovascular Medical devices and that it entered into an international taxation with it's AE during the relevant assessment year for (i) purchase of medical device and (ii) sale of cardio products. It was submitted that the assessee herein purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers are filed before us. 4. The Ld. D.R. was also heard and he relied upon the orders of the authorities below. 5. Having regard to the rival contentions and the material on record, we find that for the subsequent assessment year i.e., A.Y. 2009-10 in assessee's own case in ITA.No.145/Hyd/2014 (cited supra), this Tribunal at para-6 of its order has held as under : "6. Having regard to the rival contentions and the material on record, we find that the assessment year before us is A.Y 2009-10. The assessee has been purchasing medical devices from its AEs even in the earlier A.Ys as is evident from the order of this Tribunal in ITA No.1626/Hyd/2010 for A.Y 2006- 07.On perusal of the said order of the Tribunal, we find that the assessee had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er taking note of the Tribunal's order in assessee's own case for the A.Y. 2009-10 and also taking note that the issue arising in this year is also similar, we deem it fit and proper to remit these issues to the file of the TPO for re-determination of the most appropriate method for determination of the ALP and we also direct the TPO to consider the comparables adopted by the assessee in addition to the companies selected by him for determination of the ALP if it is held that the RPM is the most appropriate method. Accordingly, ground Nos. 1 to 13 are treated as allowed for statistical purposes. 6. As regards ground No.14 is concerned, it was submitted by the Ld. Counsel for the assessee, that this is an additional ground of appeal raised ..... X X X X Extracts X X X X X X X X Extracts X X X X
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