2017 (11) TMI 1871

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Respondent : Mr. Asheesh Jain, Advocate S. RAVINDRA BHAT, J. (OPEN COURT) CM No.40914/2017 (for exemption) in ITA 971/2017 CM No.40915/2017 (for exemption) in ITA 972/2017 Exemptions are allowed subject to all just exceptions. ITA No. 971/2017 & ITA No.972/2017 1. Issue notice. Mr. Asheesh Jain, Advocate accepts notice. 2. With the consent of the parties, the matters are heard. 3. Th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... atter to the TPO for fresh determination of the ALP, in the circumstances of the case, having regard to the substantial ruling of this Court. 5. The assessee's grievance is that, firstly, for another AY 2010-11, this Court restored its appeal before the ITAT for a fresh finding on the issues involved. The second ground urged is with respect to the matter which had obtained finality and for which .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... at in matters of transfer pricing the first exercise that is to be undertaken is to determine if in fact there existed an international transaction between the Assessee at its Associated Enterprise. Only if the said question is answered in the affirmative, the further question of determining its arm's length price would arise. Counsel on both sides state that all the necessary documents and in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X