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AO bound to compute total income in conformity with ALP determined by TPO
Case Law Details
- Case Name
- M/s. Carraro India Private Limited Vs DCIT (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
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M/s. Carraro India Private Limited Vs DCIT (ITAT Pune)
In this case it is apparent that the AO deviated from the order passed by the TPO u/s. 92CA(3) of the Act. The primary question which requires adjudication is as to whether the action of the AO in this regard can be treated as valid? Section 92CA(4), prior to its substitution by the Finance Act 2007 w.e.f. 1.6.2007, provided that on receipt of the order passed by the TPO, the AO shall proceed to compute the total income of the assessee having regard to the ALP determined by the TPO. The Finance Act, 2007 substituted the hitherto sub-sectio...
