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TMI Blog2016 (9) TMI 1649X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-11 pursuant to labour upheaval. Ld TPO in the orders for all the impugned assessment years had considered assessee to be a contract manufacturer and in his order for assessment year 2009-10, this is specifically mentioned at page 69 of the order. Nature of business of the assessee would have considerable bearing on the Arm s Length Pricing study of the international transactions with its AEs. APA having been signed on 24.5.2016, assessee had no occasion to produce it before lower authorities. We are, therefore, of the opinion that the additional evidence has to be admitted. We, therefore, admit the additional evidence, set aside the orders of the lower authorities and remit all the issues back to the AO/TPO for consideration afresh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mission of the additional evidence mentioned above, ld. AR submitted that it had a fundamental bearing on the transfer pricing issues raised in the impugned years. As per the ld. AR, the TPO had in all these years proceeded on a footing that assessee was a contract manufacturer of its Associated Enterprise(AE) named Lotus Footwear Ltd based in British Virgin Islands. However, as per the ld. AR, assessee had become a contract manufacturer only after multiple labour strikes in its units which happened during financial year 2010-11. Reliance was placed on letter dated 17.6.2015 addressed to the JCIT(APA) and answer to question one given therein. As per the ld. AR., the APA was applicable for financial year 2014-15 to financial year 2018-19 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2010-11 pursuant to labour upheaval. Ld TPO in the orders for all the impugned assessment years had considered assessee to be a contract manufacturer and in his order for assessment year 2009-10, this is specifically mentioned at page 69 of the order. Nature of business of the assessee would have considerable bearing on the Arm s Length Pricing study of the international transactions with its AEs. The APA having been signed on 24.5.2016, assessee had no occasion to produce it before lower authorities. We are, therefore, of the opinion that the additional evidence has to be admitted. We, therefore, admit the additional evidence, set aside the orders of the lower authorities and remit all the issues back to the Assessing Officer/TPO for co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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