9911796707
TMI Blog2020 (12) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal for the assessment year 2014- 2015, wherein the Tribunal in [ 2020 (2) TMI 1642 - ITAT BANGALORE ] after examining the facts of the case, had accepted the contention of the assessee that the TPO conducted transfer pricing analysis on erroneous understanding of the business model of the assessee. Accordingly, the entire transfer pricing issue was set aside to the TPO with a direction tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 2013-2014, the return of income was filed on 19.11.2013 declaring loss of Rs.5,55,17,930. The assessment was taken up for scrutiny by issuing of notice u/s 143(2) of the I.T.Act. During the course of assessment proceedings, the matter was referred to the Transfer Pricing Officer (TPO) for determining the Arm's Length Price (ALP) of International Transaction undertaken by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that identical ground was raised in assessment year 2014-2015 and the Tribunal had restored the transfer pricing issue for de novo consideration to TPO / AO. 4. The learned AR has filed a brief written submission as regards various aspects of the TP adjustment. The learned Departmental Representative, however, in the written submission, did not refer to the ITAT order in assessee's own case f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. The relevant finding of the Co-ordinate Bench of the Tribunal in assessee's own case, reads as follow:- "18. We observe that, Ld.TPO considered assessee to be a contract service provider, assuming minimal risk, which is contrary to the business model of assessee. We agree with contention of Ld.AR that Ld.TPO conducted TP analysis on erroneous understanding of business model of assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing correct margins of comparables. Needless to say, that assessee shall be granted proper opportunity of being represented." 6. Since the facts for the assessment year 2012-2013 is identical with regard to the facts considered by the Tribunal for assessment year 2014-2015, we restore the entire transfer pricing analysis for de novo consideration to the AO / TPO. It is ordered accordingly. 7. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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