2014 (3) TMI 848

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..... subject matter of challenge in this appeal is a judgement and order dated 14th March, 2013 by which the learned Tribunal has set aside the findings of the Disputes Resolution Panel [DRP, for brevity] and consequently, the additions made by the Assessing Officer taking into account the adjustment made by the Transfer Pricing Officer [TPO, for brevity] on the basis of the directions of DRP were dele .....

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..... fore, we direct the TPO to make proportionate adjustment on total sales to AE only. Adjustment should not be made on Non-AE sales." Aggrieved by the order of the DRP the assessee approached the learned Tribunal. The learned Tribunal was of the opinion that MALCO cannot be treated as a comparable unit to the assessee. It is on this basis that the aforesaid order of DRP was set aside and the additi .....

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..... the learned Tribunal was of the opinion that MALCO was not comparable to the assessee, the matter should have been remanded to the TPO. By omitting to do so, the entire exercise referring the matter to the TPO and the concerned Section of the Act have both been nullified. Mr. Khaitan, learned Senior Advocate appearing for the respondent, submitted that the learned Tribunal did not possibly remand .....

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