Case Law Details
Wipro GE Healthcare Pvt. Ltd. Vs DCIT (ITAT Bangalore)
In respect of transfer pricing addition made by Ld.AO. It is observed that DRP/TPO for year under consideration did not consider objections raised by assessee against comparables selected by Ld.TPO and simply followed DRP directions issued for AY 2014-15. As AY: 2014-15 has been set aside by this Tribunal, we deem it fit and proper to remit the issues to file of Ld.AO/TPO for taking necessary action of passing a speaking order by granting fair opportunity to assessee of being heard. It is also observed that all these are pending before lower authorities and we find no reason adjudicate these issues at this stage. Accordingly, following earlier orders passed by this Tribunal in assessee’s own case, we set aside all issues to Ld.AO for re-adjudication of issues in the light’ of the findings given in earlier years.
FULL TEXT OF THE ITAT JUDGEMENT
Present appeal has been filed by assessee against final assessment order dated 31/10/19 passed by Ld.ACIT Circle 7(1)(2) under section 143(3) read with section 144C(13) of the Act, for assessment year 2015-16 on following grounds of appeal:
1. That the order of the Assessing Officer (AO),Transfer Pricing Officer (TPO), the directions of the Dispute Resolution Panel (DRP) and the order of the transfer pricing officer in so far as it is against the appellant is against the law, facts, circumstances, natural justice, equity, without jurisdiction, bad in law and all other known principles of law.
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