(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr.M.R.Bhatt, learned Senior counsel with Ms.Mauna M.Bhatt, learned counsel appearing for the appellant.
2. Admit.
Connect with Tax Appeal No.1026 of 2010. We formulate the substantial question of law as under:
1. Whether the Appellate Tribunal is right in law and on facts in deleting the addition, without going into the merits of the case regarding the disallowance made on account of Arms Length Price for the royalty quantified by the TPO ?
2. Whether the Appellate Tribunal is right in law and on facts in not looking into the actual addition of Rs. 67,80,706/- made on account of ALP of royalty paid by the assessee, disregarding the fact that the suo moto addition of Rs. 43,33,420/- (part of Rs. 67,80,706/-) made under section 40(a)(i) this year has been claimed in the next year on the basis of tax deduction later ?
3. Issue notice to the respondent. Paper book be filed within three months.
(V.M.SAHAI,J) (N.V.ANJARIA,J) ***vcdarji Top