Useless decision of Bangalore Bench of ITAT

[Ashish kumar]

ITA number 1734/Bang/2024
"In view of the above facts, we restore the whole issue back to the file of the ld. AO with directions to the assessee to benchmark the outstanding receivable based on currency in which invoices are prepared. Appropriate mark-up thereon or reduction from that interest bank rate would depend upon the risk factors involved in the above transaction which is between the holding company/AE and its subsidiary. The ld. AO thereafter may examine in accordance with the provisions of section 92CA for the determination of ALP of the international transaction and then decided the issue afresh. The assessee is also entitled to raise an issue that if in the international transaction of Software Development Services segment and ITeS segment, working capital adjustment is granted to the assessee, no separate addition is required to be made. Therefore, this aspect is also left to be adjudicated by the ld. AO. In view of these facts, ground No.3 of the appeal is restored back to the file of the ld. AO"
Question is that when the matter is sent back to the AO for deciding afresh then for what reason the hands of the AO are being tide with unnecessary observations. Further on what basis it is held that it is a case of Capital Financing. Further the drafting the language of the order would show the quality of the order.