Dell International Services India Pvt Ltd vs JCIT
The Assessee’s grievance can be laid out as such:
- exclusion of comparable M/s. Comp-U-Learned Tech India Ltd
- request for exclusion of CAT Technology Ltd.
- grant of risk adjustment.
In respect of all these 3 issues, in the first round, the Tribunal restored the matter back to the file of AO/TPO with certain directions but in the order giving effect passed by the TPO, those directions were not given effect to by the TPO and when the assessee raised this issue before the learned CIT(A), the learned CIT(A) upheld the order of AO/TPO on all these 3 issues in a cryptic manner without giving any valid reasoning. This bench of the Bangalore Tribunal set aside the order of CIT(A) on all these 3 issues and restore the matter back to the file of AO/TPO for a fresh decision by way of a speaking and reasoned order. No adjudication on merit is called for at the present stage. In the result, assessee’s appeal is allowed for statistical purposes..