PCIT v. EDS Electronics Data Systems India (P) Ltd. (2021) 278 Taxman 19 / 319 CTR 705 (Karn.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Transfer pricing-Arm’s length price-Order passed in a cryptic and cavalier manner-Matter was remanded back to Tribunal. [S. 92C]

Court held that Tribunal directed exclusion of a comparable by placing reliance on co-ordinate bench decision, however failed to consider findings of Transfer Pricing Officer and Dispute Resolution Panel and even failed to refer material brought on record by Transfer Pricing Officer and in a cryptic and cavalier manner recorded a finding in favour of assessee, order passed by Tribunal was to be quashed and matter was to be remitted to Tribunal for decision afresh.