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TMI Blog2017 (9) TMI 1986X X X X Extracts X X X X X X X X Extracts X X X X ..... determined by the TPO/DRP or it was to be determined by the AO under Section 37 (1) of the Act? - Whether the ITAT erred in not deciding the issue before it instead of remanding it to the AO/TPO - HELD THAT:- The Court is of the view that remanding the matter to the AO again, when all the relevant material on record was available, was not warranted. Repeatedly remanding the matter results in dela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el with Mr. Sanjay Kumar, Junior Standing Counsel. ORDER 1. This is an appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act ) filed by the Assessee directed against the order dated 4th May 2016 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA No.5886/Del/2011 for the Assessment Year ( AY ) 2007- 08. 2. Admit. 3. Following question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of intra-group services. The Transfer Pricing Officer ( TPO ) had made adjustments of Rs.2,48,50,136/- on the basis of which a draft assessment order was passed by the AO on 16th December, 2010. After the objections of the Assessee were decided by the Dispute Resolution Penal ( DRP ), the final assessment order was passed by the AO on 19th October, 2011 and he added the sum of Rs.1,89,53,444/- t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 37 (1) of the Act? However, the ITAT has, instead of deciding the issue on merits, remanded the matter to the file of the AO for redetermination of the ALP for group services provided to the Assessee by its AE. 8. Having heard the learned counsel for the parties, the Court is of the view that remanding the matter to the AO again, when all the relevant material on record was available, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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