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TMI Blog2016 (5) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... view that it was incumbent upon the ITAT to have addressed the above issue since it was specifically raised before it by the Assessee. Only after satisfying itself that there was an international transaction with the AE concerning AMP expenses, should a further inquiry have been ordered for determination of the ALP of such international transaction. The impugned order of the ITAT is set aside. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. ITA 309/2016 CM No.17434/2016 4. The short question that arises for consideration in this appeal by the Assessee against the order dated 26th June, 2015 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA No.4726/DEL/2010 for the Assessment Year ( AY ) 2006-07 is whether the ITAT ought to have addressed the issue raised by the Assessee that there was in fact no international t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an international transaction involving the Assessee s AE, is being contested by the Assessee in the appeal filed by it against the said judgment before the Supreme Court. 6. The present case concerns in relation to AY 2006-07. The specific plea of the Assessee before the ITAT that there was no international transaction involving the AE for AMP expenses was not decided by the ITAT in the impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion with the AE concerning AMP expenses, should a further inquiry have been ordered for determination of the ALP of such international transaction. 9. Consequently, the impugned order dated 26th June, 2015 of the ITAT is set aside. The Assessee s appeal ITA No.4726/Del/2010 is restored to file and will be listed before the ITAT on 18th July, 2016 for first examining the question whether there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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