TMI Blog2023 (12) TMI 1263X X X X Extracts X X X X X X X X Extracts X X X X ..... as sought adjournment before ld. CIT (A) who has ignored the same and passed the order dismissing the assessee s appeal for non-prosecution. HELD THAT:- Upon careful consideration, we find that section 251 does not give any power to the ld. CIT (A) dismissing the appeal for non-prosecution. Hence, in the interest of justice, we remit the issue to the file of ld. CIT (A). Ld. CIT(A) shall pass a speaking order on merits after giving the assessee adequate opportunity of being heard. Appeal of the assessee is allowed for statistical purposes. - Shri Shamim Yahya, Accountant Member And Shri Anubhav Sharma, Judicial Member For the Assessee : Shri Neeraj Jain, Advocate, Shri Ramit Katyal, Advocate For the Revenue : Shri Rajesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd . S.P Singla Constructions Pvt Ltd T T Infra Ltd. 2.2 That the CIT(A)/TPO erred on facts and in law in rejecting Mac Alloys Pvt Ltd as a comparable on the basis that the company is incurring persistent losses without appreciating that persistent losses is not a relevant criteria for selection or rejection of companies which are otherwise functionally comparable to the tested party. 2.3 That the CIT(A)/TPO erred on facts and in law in not appreciating that the services have been provided by the associated enterprise to the appellant on cost to cost basis and the transaction is at arm's length applying CUP method. 2.4 That the CIT(A)ITPO erred on facts and in law in not appreciating that the services have been prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing the total loss at Rs. 19,88,977/- after making the transfer pricing adjustment of Rs. 17,76,746/-. 4. Upon assessee s appeal, ld. CIT (A) noted that despite notices, nobody has attended, so he summarily referred to the TPO s order and dismissed the assessee s appeal. The ld. CIT (A) concluded a sunder :- No written submission has been filed by the appellant despite having repeated opportunities. The approach of the TPO is found to be reasonable and in accordance with law, relevant guidelines and international practices. The appellant was afforded opportunity to explain its case both by the TPO and the AO. Multiple opportunities not availed during the appeal show that the appellant has nothing to say in support of the grounds of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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