9911796707
TMI Blog2019 (1) TMI 1999X X X X Extracts X X X X X X X X Extracts X X X X ..... es evidences to support such claim, the Departmental authorities are duty bound to not only consider the submissions of the assessee but examine the evidences submitted. Non consideration of the submissions and evidences furnished by the assessee amounts to violation of rules of natural justice. We are inclined to restore all the issues raised in the present appeal to the DRP for de novo adjudication after due opportunity of being heard to the assessee. Grounds raised are allowed for statistical purposes. - ITA no.675/Mum./2016 - - - Dated:- 28-1-2019 - SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER For the Assessee by : Dr. Prayag Jha For the Revenue by : Shri Manish Kumar Singh ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed, the assessee raised objections before the DRP. However, the DRP rejected the objections of the assessee. Accordingly, the Assessing Officer passed the impugned assessment order confirming the addition made in the draft assessment order on account of transfer pricing adjustment. 3. The learned Authorised Representative submitted, in the financial year relevant to the assessment year under dispute, the assessee had not entered into any transaction of revenue nature with its overseas AE. Therefore, there is no scope for the Transfer Pricing Officer to determine the arm's length price of the international transaction. The learned Authorised Representative submitted, to justify its claim and demonstrate that the arm's length pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to the transfer pricing adjustment made by the Transfer Pricing Officer were not considered by the DRP. In our considered opinion, if for justifying its claim that no transfer pricing adjustment was required to be made in the given facts and circumstances of the case, the assessee makes certain submissions and furnishes evidences to support such claim, the Departmental authorities are duty bound to not only consider the submissions of the assessee but examine the evidences submitted. Non consideration of the submissions and evidences furnished by the assessee amounts to violation of rules of natural justice. Therefore, we are inclined to restore all the issues raised in the present appeal to the DRP for de novo adjudication after due oppo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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