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TMI Blog2015 (2) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... MI 217 - ITAT DELHI). - I.T.A. No. 554/Del/2015 - - - Dated:- 27-2-2015 - S. V. Mehrotra (Accountant Member) And H. S. Sidhu (Judicial Member) For the Assessee : Vijay Iyer, CA For the Department : Ajit Kumar Singh, CIT(DR) ORDER H. S. Sidhu (Judicial Member) Assessee has filed the present Appeal against the impugned Order dated 22.12.2014 passed by the Assessing Officer for the asstt. year 2010-11, on the following grounds:- The following grounds of appeal are mutually exclusive of and without prejudice to each another. GROUNDS ON JUDICIAL DISCIPLINE AND NATURAL JUSTICE 1. On the facts and circumstances of the case and in law, the assessment order/directions passed by the Assessing Office (AO)/Tran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant in conducting the International Transaction which is import distribution and in view of the appellant's functional profile, it cannot be benchmarked and compensated separate from the international transaction of import of products. 6. Whether the AOITPO/ORP erred in not appreciating that the 'limited distributor function' performed by the Appellant had already been adequately compensated by the AE since the Appellant's business model allows it to earn an arm's length margin on all costs incurred including AMP expenses? 7. Whether the AOITPO/DRP erred in not appreciating that once the net operating margins of the Appellant had met the arm's length test, there arose no occasion to conclude that the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 271 of the Act. 14. That on the facts and circumstances of the case and in law, the AO erred in holding that the Appellant has failed to keep and maintain information and document in respect of certain transactions and in initiating penalty proceedings under section 274 read with section 271AA of the Act. 15. That on the facts and circumstances of the case and in law, the AO erred in holding that the Appellant has failed to furnish report under section 92E and in initiating penalty proceedings under section 274 read with section 271BA of the Act. The appellant craves leave to submit such further grounds at or before the hearing of the appeal, so as to enable your Honour to decide the appeal according to law. 2. The fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 passed by the ITAT, Delhi I Bench in the assesse s own case for the Asstt. Year 2008-09 in ITA No. 6410/Del/2012 vide order dated 30.08.2013. 4. On the other hand, Shri Ajit Kumar Singh, CIT(DR) has not raised any objection on the request of the assessee s counsel. 5. After hearing both the parties and perusing the relevant records available with us, especially the orders passed by the Revenue Authorities and the order passed by the ITAT, Delhi I Bench in the assesse s own case for the Asstt. Year 2008-09 in ITA No. 6410/Del/2012 vide order dated 30.08.2013 as well as the order passed by the ITAT, F Bench in the case of Sony Mobile Communications India Pvt. Ltd. vs. Addl. CIT in ITA No. 836/Del/2014 for Asstt. Year 2009-10 vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pricing Policy on which the TP Study is based, the same may be produce before the TPO/AO. As such the arguments of the assessee to the above extent are upheld. 6. Keeping in view of above discussions and precedent, we find that the issues in dispute are similar and identical to the issues raised in assessee s own case in ITA No. 6410/Del/2012 for A.Y. 2008-09, therefore, we respectfully follow the orders of the ITAT, Delhi I Bench in the assesse s own case for the Asstt. Year 2008-09 in ITA No. 6410/Del/2012 vide order dated 30.08.2013 as well as the order passed by the ITAT, F Bench in the case of Sony Mobile Communications India Pvt. Ltd. vs. Addl. CIT in ITA No. 836/Del/2014 for Asstt. Year 2009-10 vide order dated 31.3.2014, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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