Case Law Details
BT Global Communications India Pvt. Ltd. Vs. Addl. CIT (Delhi ITAT)
The only issue to be decided in the present appeal relates to protective adjustment on account of business restructuring that has taken place in assessment year 2010-11. We find that TPO/DRP have made adjustment on substantive basis in assessment year 2010-11. However, since the proceedings in assessment year 2010-11 were subjudice, protective adjustment was made in the impugned assessment order making an addition of Rs. 100,69,37,657/- which is in line with similar addition for assessment year 2011-12, 2012-13 and 2014-15.
We find the MAP resolution was passed on 29th January, 2018 which is much after the order passed by the AO/TPO/DRP. Under these circumstances we deem it appropriate to restore the issue to the file of the AO/TPO for deciding the issue afresh in the light of the MAP resolution dated 29th January, 2018 and the order passed by the DRP in assessee’s own case for assessment year 2014-15 vide order dated 7th August, 2018. The AO/TPO shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee.
FULL TEXT OF THE ITAT JUDGEMENT
PER R.K. PANDA, AM
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