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Income Tax Appellate Tribunal, “K” BENCH, MUMBAI
Before: SHRI RAJENDRA & SHRI C.N. PRASAD
आदेश / O R D E R PER C.N. PRASAD, JM:
This appeal is filed by the assessee against the order of the Dispute Resolution Panel-1, dated 6.9.2012 pertaining to assessment year 2008-09.
The assessee has raised the following grounds:
“1. The Dispute Resolution Panel (DRP) has erred in upholding an addition of Rs. 29,102,609/- made by the Assessing Officer (" AO") by an upward adjustment to Arm's Length Price (ALP) as proposed by the Transfer Pricing Officer ("TPO") for international transactions involving provision of support services by the Appellant to its Associated Enterprise (" AE"). The said addition is erroneously made by the AO and upheld by the DRP:
(a) Unilaterally and summarily rejecting the transfer pricing study undertaken by the assessee based on subjective assumptions without going into the merits of detailed submissions made by the Appellant.
(b) Passing an order which is not based on facts and circumstances but is based on assumed statements and/ or facts of other cases not connected with the Appellant.
(c) Passing an order without proper application of mind and purely based on guesswork and surmises.
(d) Selecting a fresh set of companies without considering their comparability to the Appellant's business and completely ignoring the Functions, Assets and Risks of the Appellant.
2. The Assessing Officer has erred in giving short credit of Tax Deducted at Source on behalf of the Appellant during AY 2008-09 to the tune of Rs. 335,673/”.
Inspite of notice none appeared on behalf of the assessee. Therefore, we heard the Ld. Departmental Representative and dispose of the appeal ex-parte on merit.
On perusal of the order of the DRP, we find that the order is very cryptic and non speaking one and the DRP has not dealt with various elaborate submissions made by the assessee in its objections before it. On a query from the Bench, why the matter should not be sent back to the DRP for fresh adjudication, the Ld. Departmental Representative submits that he has no objection in remitting the matter to the file of the DRP. Thus, taking the totality of the facts into consideration, we restore this appeal to the file of the DRP with a direction to dispose of the objections of the assessee with detailed order after giving adequate opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee is allowed for statistical purpose.
Order pronounced in the open court on 13th July, 2016.