Ariba Technologies India (P.) Ltd. v. DCIT (2025) 212 ITD 17 (Bang) (Trib)

S. 144C : Reference to dispute resolution panel-Revised direction of DRP-Rectification order-Assessing Officer is directed to consider rectified direction of DRP and corresponding revised giving-effect order of TPO and delete entire TP adjustment. [S.92C, 154]

On objections filed by assessee, DRP granted partial relief to assessee and thereby TPO in giving effect order reduced TP adjustments. Based on direction of DRP and giving effect order, Assessing Officer passed final assessment order. In meantime, assessee against DRP direction filed rectification application which was accepted and DRP passed rectification order.  TPO in revised giving effect order reduced TP adjustment to nil, however, no effect was given by Assessing Officer in final assessment order to comply with revised direction of DRP and revised effect giving order by TPO. On appeal the Tribunal held that  the Assessing Officer is  bound to give effect to revised directions of DRP and giving-effect order passed by TPO. The AO  is directed to consider rectified direction of DRP and corresponding revised giving-effect order of TPO and delete entire TP adjustment made in respect of software development and IT-enabled services.  (AY. 2020-21)

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