9911796707
TMI Blog2021 (3) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... We set aside the orders of authorities below and restore the matter to the file of the Assessing Officer. We hold that as per the facts of the case and the legal position as of now and discussed above in this order, the adjustment made by the TPO/DRP/AO in respect of AMP expenses is not sustainable. Revenue, says that the impugned order has been passed to protect the interest of the respondent/revenue in the event it were to succeed in the civil appeals pending adjudication before the Supreme Court. Senior Advocate, on the other hand, says that TPO was only required to give effect to the order passed by the tribunal and therefore ought not to have passed the impugned order. Does not deny that if the respondent/revenue were to succeed before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e") incurred by the petitioner-assessee. 5. A perusal of the order of passed by the tribunal would show that this direction was issued having regard to the series of decisions rendered by this court on the very same issue. The reference to this aspect of the matter is made by the tribunal in paragraph 16 of its order, which, for the sake of convenience is extracted hereafter: "16. After considering the legal position as discussed in the preceding paragraphs, we are of the considered opinion that the ALP of an international transaction involving AMP expenses, the adjustment made by the TPO/DRP/ AO is not sustainable in the eyes of law. At the same time, we cannot ignore the submission of the learned DR that the matter is pending before Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. 9. Mr. Ajay Vohra, Senior Advocate, on the other hand, says that TPO was only required to give effect to the order passed by the tribunal and therefore ought not to have passed the impugned order. 10. Mr. Vohra, however, does not deny that if the respondent/revenue were to succeed before the Supreme Court, then, consequences would follow and, perhaps, the adjustment made by the TPO in the transfer pricing qua AMP would have to be factored in. 11. Having regard to the aforesaid facts and contentions of the learned counsel for the parties, in our view, the best way forward would be to stay the operation of the impugned order and give liberty to TPO to take next steps in the matter, albeit, in accordance with the law once a decision i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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