9911796707
TMI Blog2024 (12) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... Concededly, the impugned order does not reflect that learned ITAT had adjudicated any of the aforesaid grounds. It is apparent that the learned ITAT had proceeded on the basis that since the matter is remanded to the TPO, the petitioner s challenge to the adjustment on account of purchase of finished goods would also be considered afresh. We consider it apposite to remand the matter to the ITAT to consider the grounds raised by the Assessee regarding transfer pricing adjustment in respect of transactions pertaining to purchase of the finished goods. We also clarify that we have not expressed any opinion on the merits of the transfer pricing adjustment and the learned ITAT shall consider the same and pass a reasoned order. - HON'BLE M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Transfer Pricing Officer (TPO) for determination of the arm s length price (ALP) under Section 92C of the Act. 4. The learned TPO passed an order dated 30.01.2014 proposing a total adjustment of Rs. 13,19,05,725/-, which included an adjustment of Rs. 10,05,85,356/- in relation to purchase of finished goods and a sum of Rs. 3,13,20,369/- on account of advertisement, marketing and promotion (AMP) expenses. The AMP expenses were considered as a separate international transaction and benchmarked by applying the Bright Line Test (BLT). 5. Based on the aforesaid TPO s order, the AO passed a draft assessment order dated 11.03.2014. 6. The Assessee filed its objections before the Dispute Resolution Panel (DRP), which was partly allowed. Based on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sum up, since the facts and circumstances of the instant appeals are mutatis mutandis similar to the immediately preceding year, respectfully following the precedent, we set aside the impugned order and send the matter back to the A.O./TPO for deciding this issue afresh in light of the foregoing discussion and the directions given by the Tribunal in its order for the immediately preceding year in the second round. Needless to say, the assessee will be allowed a reasonable opportunity of hearing in the resulting fresh proceedings. 12. In the result, all the three appeals are allowed for statistical purposes. 9. It is the Assessee s grievance that whilst the matter was remanded to the TPO for a decision afresh, the said learned ITAT s direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted adopting RPM and applying intensity adjustment (on similar lines as in AY 12-13)? d) Whether direction of open remand of all issues to TPO on the pretext of following earlier order dated 06.06.2016 for AY 2009-10, is bad in law, unjust and illegal as such earlier Tribunal order did not consider corrected understanding of TPO reached in AY 2012-13 that AMP expenditure is a function and not transaction , after taking into consideration various decisions of Hon'ble High Court on AMP? e) Whether impugned order is bad in law and unsustainable as it reached inconsistent and varying conclusions in the same set of facts and applicable law and further whether Tribunal failed in not directing verification and application of ALP working adopti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability of RPM as the MAM in respect of the impugned transaction in the order passed in Appellant's own case for the immediately preceding year, i.e., AY 2009-10. 4.4 That on the facts and circumstances of the case and in law, the Hon'ble DRP/Ld. AO/Ld. TPO erred in disregarding the commercial reality and re-computing the ALP of the impugned international transaction without making appropriate adjustments so as to take into account the fact that the Appellant is in its initial years of operation. 4.5 That on the facts and circumstances of the case and in law, the Hon'ble DRP/Ld. AO/Ld. TPO erred in using single year updated data to determine the ALP of the impugned international transaction. *** *** *** 4.8 That on facts and in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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