9911796707
TMI Blog2018 (5) TMI 2067X X X X Extracts X X X X X X X X Extracts X X X X ..... ering a fresh determination of ALP of all such international transactions to the AO/TPO - as added that if in such fresh exercise, certain additions get required to be made in the international transactions in which earlier the transfer pricing adjustments were computed but no additions were made in the final assessment order, then there should be no embargo on the power of the AO/TPO to make such additions. AR candidly conceded to this proposition. In view of the rival but common submissions, we set aside the impugned order and remit the matter to the file of AO/TPO for determining a fresh ALP of all the international transactions, including, those for which no addition was made in the final assessment order though the amount of transfer p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 passed by the Assessing Officer (A.O.) u/s 143(3) read with section 144C of the Income-tax Act, 1961 (hereinafter also called the Act ) in relation to the assessment year 2009-10. 2. The first issue raised in this appeal through ground no.3 and the additional grounds is against addition of ₹ 2,51,63,689/- made by the Assessing Officer on account of transfer pricing adjustment. 3. Briefly stated, the facts of the case are that the assessee is engaged in provision of software development services, software deployment services, software consultancy services, software sub-licensing, training services and AMC activities. The assessee reported certain international transactions in Form No.3CEB. The Assessing Officer made reference ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal. Vide order dated 28.03.2008, the Tribunal in ITA No.6617/Del/2013 for the immediately preceding assessment year, 2009-10, has remitted the matter to the file of Assessing Officer/TPO for fresh determination of the ALP in respect of the international transaction of `Management fee , by following the orders of the Tribunal for the assessment years 2007-08 and 2008-09. As regards the international transactions of Provision of Software development services and Software consultancy services, the Tribunal treated those grounds as infructuous in view of no transfer pricing addition having been made as the same was embedded in the transfer pricing addition of Management fee . 5. The ld. AR contended that the amount of transfer pricing adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rival but common submissions, we set aside the impugned order and remit the matter to the file of AO/TPO for determining a fresh ALP of all the international transactions, including, those for which no addition was made in the final assessment order though the amount of transfer pricing adjustment was computed by the TPO. Needless to say, the assessee will be allowed a reasonable opportunity of hearing in such fresh proceedings. 6. The only other issue which survives in the instant appeal is in respect of capitalization of software licence fee. The facts apropos this ground are that the assessee debited a sum of ₹ 2,84,13,756/- on account of software licence fee. On being called upon to justify the deduction, the assessee stated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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