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TMI Blog2014 (3) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... which the assessee challenged before the DRP u/s 144C of the Act - the TPO had taken MALCO as a comparable unit. DRP has also accepted that MALCO was a comparable unit - because there is no other comparable company, there was no necessity of remanding the matter - the contention made by the assessee must prevail - Whether there was any other comparable unit or any other method, might be a question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brevity] on the basis of the directions of DRP were deleted. The DRP had already granted substantial relief to the assessee holding as follows : 4.1.2. We find that the TPO was justified in rejecting the rectification application. If the assessee has not given the segmental details of sales to AE by way of trading and by way of manufactured goods during TP proceedings the TPO definitely c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of DRP was set aside and the additions deleted. Aggrieved by the order of the learned Tribunal the present appeal was preferred. Mr. Bhowmick, learned Advocate appearing for the appellant, submitted with some justification that the matter was referred to the TPO under Section 92CA of the Income Tax Act and based on the findings of TPO, a draft assessment was made which the assessee chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the learned Tribunal did not possibly remand the matter because there was no other comparable company. He, in that regard, drew our attention to the following sentence from paragraph 5 of the judgement of the learned Tribunal : The search resulted in 2 companies as mentioned by the TPO one being the assessee itself and the other MALCO. Ltd. He contended that because there is no othe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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