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TMI Blog2017 (6) TMI 1240X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with the Tribunal. It would be clear that the details of the international transaction are specifically made available and therefore the apprehension of the department as such is misplaced. Considering the provisions of Section 92 of the Income Tax Act, so also the reasoning adopted by the Tribunal suggesting that separate figures of international transaction are available, so also the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the entire turnover of the Company. 6.2 Whether on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal was correct while issuing the above directions without appreciating the observations of the DRP that there was no segmental audit of the transactions of AE and non AE and therefore there was no method whereby the AO could come to a fair determination of ALP by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of this Court and one of the appeal bearing ITXA No. 1395 of 2013 has been admitted on the said ground. 4 Mr. Pardiwalla, the learned Senior Counsel for the Respondent supports the order of the Tribunal and submits that this Court had occasion to consider the issue involved in Income Tax Appeal No.1395 of 2013 in subsequent matters viz. Income Tax Appeal No. 1066 of 2014, Income Tax Appeal N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal in the case of Thyssen Krupp Industries India Pvt. Ltd. (supra). Therefore, we hold that determination of arms length price should be restricted only to international transaction of the assessee with its AE. It was pointed out that the figures are available with the AO, details of which has also been filed before us at page 170 of the paperbook. Therefore, we direct the AO to take ..... X X X X Extracts X X X X X X X X Extracts X X X X
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