The assessee claimed risk adjustment in its TP analysis which Tribunal accepted and remitted to AO for working out margin. The Revenue argued before HC that risk adjustment is not permissible under Rule 10B(e)(iii). However, since this plea was never raised before the Tribunal, the HC held Revenue cannot raise a fresh question before it. Appeal dismissed.
PCIT v. Mahle Behr India Ltd [2023] 154 taxmann.com 224 (Bom)(HC)
S. 92C : Transfer pricing-Risk adjustment-Tribunal remitted matter for risk adjustment margin-Revenue appeal not maintainable as issue not raised earlier. [S. 260A]