9911796707
TMI Blog2020 (8) TMI 925X X X X Extracts X X X X X X X X Extracts X X X X ..... e being disposed of by way of this common order for the sake of convenience. 2. In both the years, the assessee has raised several ground regarding TP adjustment made by the AO of Rs.5,82,69,872/- in Assessment Year 2010-11 and in addition to that, there is one more ground raised by the assessee in respect of corporate tax issue as per ground No.2 in both these years regarding the disallowance of club expenses of Rs.36,711/- in Assessment Year 2009-10 and Rs.3,847/- in Assessment Year 2010-11 by holding that the same is of capital in nature. 3. In the course of hearing regarding TP issues in both years, it was submitted by learned AR of the assessee that in assesseee's own case for later 2 years for Assessment Years 2011-12 and 2012-13 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de order in IT(TP)A Nos. 518/Bang/2016 and 354/Bang/2017 dated 189/1/2018 has restored the matter to the file of the AO/TPO to bench mark the AE transactions by adopting internal TNMM as it is held that internal TNMM is to be preferred over external TNMM. The relevant para of the order is reproduced below. "7.Having carefully examined the orders of lower authorities and the documents placed before us we find that the assessee has placed the relevant evidence with respect to scope of work, nature of services rendered for AE and non-AE in the same countries. But these aspects were not examined by the TPO. Therefore, we set aside the order of the AO passed consequent to the order of the Hon'ble DRP and restore the issue to the AO/TPO to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-AE in the same countries, external benchmarking will be done otherwise the AO/TPO will act in accordance with law. The entire TP issue in both the years is restored back to AO/TPO with the above directions for fresh decision by a speaking and reasoned order after affording reasonable opportunity of being heard to the assessee. 6. Now we take up the corporate tax issue raise by the assessee in both years in respect of disallowance out of club expenses. In this regard, it was submitted by learned AR of the assessee that this issue should also be restored back to the file of AO/TPO for a fresh decision because neither the AO nor learned CIT(A) have examined the applicability of relevant judgments available on this issue being the judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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