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TMI Blog2023 (3) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... one another: 1. On the facts and in the circumstances of the case, and in law, the Learned Assessing Officer ('Ld. AO'), following the directions of Hon'ble Dispute Resolution Panel ('Ld. DRP'), erred in confirming the addition of Rs.26,31,30,651/- to the total income of the Appellant on under various sections of the Income Tax Act, 1961 ('the Act'), The Appellant prays that various disallowances/ additions/adjustments made by the AO be deleted. Transfer Pricing related 2. On the facts and in the circumstances of the case, and in law, the Ld. DRP/Ld. AO/Learned Transfer Pricing Officer ('Ld, TPO') erred in determining the arm's length price of the international transaction pertaining to payment of fees for advisory and other services by the Appellant to its associated enterprise ('AE') as 'Nil' as against Rs.15,75,65,912/- determined by the Appellant and thereby making a TP adjustment of Rs. 15,75,65,912/-. The Appellant prays that the book value of the international transaction be accepted to be the arm's length price of the said transaction and the above TP adjustment be deleted. 3. On the facts and in the circumstances of the case, and in law, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Technologies India Ltd. * Inteq B P O Services Pvt. Ltd. * Manipal Digital Systems Pvt. Ltd. as additional comparables in final set of comparables. The Appellant prays that the benchmarking analysis conducted by the Appellant in the TP study ought to be accepted, above mentioned companies be rejected from the final set of comparables and consequently, the TP adjustment be deleted. Corporate Tax related 7. On the facts and in the circumstances of the case, and in law, the Ld. AO as per directions given by Hon DRP has erred in denying the weighted deduction of Rs.18,63,37,428 (200% of revenue expenditure of Rs.8,82,53,166 and capital expenditure of INR 49,15,548) claimed by the Appellant under section 35(2AB) of the Act on the ground that Department of Scientific and Industrial Research ('DSIR') has not issued Form 3CL. The Appellant prays the Hon'ble Tribunal to allow the deduction under section 35(2AB) of the Act. 8. On the facts and in the circumstances of the case, and in law, the Ld. AO as per the direction given by Hon DRP has erred in disallowing the amount of INR 72,05,345 under section 36(1)(va) of the Act being amounts of employee contributions dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee's 2nd to 4th substantive grounds seek to reverse transfer pricing adjustment of Rs.15,75,65,912/- pertaining to fee for advisory and other services involving its overseas associated enterprises "AE's" whose price has been taken by the TPO at NIL as affirmed in the DRP's directions. It emerges during the course of hearing that the assessee has filed its case law paper book running into 81 pages placing on record this tribunal's six orders i.e., common for assessment years 2010-11 and 2011-12 and 2012-13, and 2013-14 to 2016-17 each adjudicating the very issue against the department. We deem it appropriate to quote learned coordinate bench's last order dated 15.07.2021 for assessment year 2016-17 involving assessee's appeal ITA.No.190/PUN./2021 as follows : "4. The only other surviving issue in this appeal through various grounds is against the confirmation of transfer pricing addition of Rs.14,56,09,180/-. 5. Briefly stated, the facts of the case are that the assessee is a company incorporated under the Companies Act, 1956. It was a 51:49 joint venture between Kirloskar Brothers Limited (KBL) and Copeland Corporation, USA for carrying on the activities of Planning, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment year 2009-10 to 2015-16, whose copies have been placed on record. In the lead order, which has been followed in later years, the application of the TNMM as the most appropriate method has been accepted in preference to the CUP method as applied by the TPO. After giving certain directions, matter has been sent back to the AO/TPO for deciding the issue accordingly. The ld. DR fairly conceded that the facts and circumstances of the instant appeal are mutatis mutandis similar to those of earlier years. Respectfully following the precedent, we set-aside the impugned order and remit the matter to the file of AO/TPO for deciding this issue afresh in accordance with the directions given by the Tribunal in assessee's own case for the earlier assessment years. Needless to say, the assessee will be provided adequate opportunity of hearing in such fresh proceedings." 5. Faced with the situation and in absence of any distinction on facts or law, we adopt judicial consistency and direct the learned TPO to decide the instant first and foremost ground afresh as per law after taking into consideration all the said preceding assessment years developments on the very issue. These assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llenging correctness of sec.35(2)(AB) weighted deduction disallowance of Rs.18,63,37,428/- on the ground that the prescribed authority i.e., Department of Science and Industrial Research ["DSIR"] has not issued Form 3CL qua the same. It emerges during the course of hearing that the said prescribed authority has now issued Form 3CL to the assessee on 25.04.2022 [pages 2336 and 2337 in paper book] before us. Faced with the situation, we restore the assessee's instant 7th substantive ground to the Assessing Officer for his afresh factual verification as per law preferably within three effective opportunities of hearing. 8. The assessee's 8th substantive ground challenges correctness of the learned lower authorities action invoking sec.36(1)(va) disallowance of Rs.72,05,345/- pertaining to employees contribution stated to have been deposited beyond the due date prescribed under the corresponding statute. Suffice to say, hon'ble apex court's recent landmark decision in Checkmate Services P. Ltd. & Ors. vs. CIT & Ors. [2022] 448 ITR 518 (SC) has already decided the instant issue against the assessee and in department's favour that such a contribution ought to be deposited before the due ..... 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