9911796707
TMI Blog2023 (10) TMI 1507X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable in the public domain HELD THAT:- We find from the order passed by TPO, purporting to be giving effect to the directions of the DRP, that as a matter of fact, the DRP gave such a direction and the TPO properly understood the same. But strangely, AO missed that aspect and observed that learned DRP confirmed the action of the TPO and rejected the objections filed by the AO It is a factual mistake committed by AO The result is that the upward adjustment proposed by TPO, so mentioned in the draft assessment order, is carried forward as it is to the final assessment order. The factual position is, therefore, clear that the final assessment order remained non-compliant with the directions of the DRP. As in the case of M/s. ESPN Star Spo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces Ltd., as a comparable company and to consider margins of other alleged comparable companies from the annual reports. He expressed the grievance of the assessee that in spite of such directions, as are acknowledged by the learned TPO in the order dated 23/02/2022 purportedly giving effect to the directions of learned DRP under section 144C of the Act, learned Assessing Officer in his order dated 14/02/2022 recorded that the learned DRP confirmed the action of the learned TPO and rejected the objection filed by the assessee, which is factually incorrect. He submitted that the final assessment order in disregard to the directions of the learned DRP is without jurisdiction and nonest in the eye of the law. He placed reliance on various deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer passed the impugned final assessment order because he did not receive the effect giving order from the learned TPO and since the time to pass final assessment order was fast approaching, he passed the said order. According to the learned DR, Co-ordinate Benches of the Tribunal took view in the cases of Yokogawa India Ltd., vs. ACIT, in ITA (TP) No. 1715 & 692/Bang/2016, dated 08/03/2021, Apollo Health Street vs. DCIT [2014] 45 taxmann.com 507 (Hyderabad - Trib.) and Gameloft Software Private Limited vs. ITO in ITA No. 432/Hyd/2018, dated 09/01/2023 that in the interest of justice, the matter could be restored to the file of learned Assessing Officer/learned TPO to pass a fresh order, giving effect to the directions of the learned DRP. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the same, assessee filed objections before the learned DRP. 7. Learned DRP by order dated 28/01/2022, vide paragraph Nos. 2.1.19 and 2.1.30.10, directed the learned Assessing Officer/learned TPO to include Sundaram Business Services in the list of comparables and also to take into consideration the correct margins of certain companies by computing from the annual reports available in the public domain. Subsequently, the learned Assessing Officer passed an order dated 14/02/2022 observing that on the objections filed by the assessee against the draft assessment order, the learned DRP vide order dated 28/01/2022, confirmed the action of the learned TPO and rejected the objections filed by the assessee. We find from the order dated 23/0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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