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Assessee has raised the ground that the learned Dispute Resolution Panel (DRP) erred on facts and in law in enhancing the adjustments/disallowances suggested by Transfer Pricing Officer(TPO) in the Remand Report without giving a show cause notice to the appellant to the said effect. Hence, the principles of natural justice have been violated.

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Sec. 92C & 144C of Income Tax Act, 1961 - Transfer pricing - Appeal is directed against the order passed by the AO, giving effect to the order of the Dispute Resolution Panel, as a result of matter being remitted to the file of the DRP by Tribunal, in the matter of assessment under s. 143(3) r/w s. 144C(13) of the IT Act, 1961, for the asst. yr. 2007-08. Tribunal had remitted the matter to the file of the DRP. As a result of such directions of the Tribunal, the matter was heard again by the DRP and the directions were given, as a result of fresh hearing, the AO given effect to impugned directions. Aggrieved by which the assessee is once again in appeal before Tribunal. Tribunal allowed the appeal by deleting all the ALP adjustments holding that ”the ALP adjustment has been made by the TPO and the DRP has "enhanced" the same. In the DRP order itself, it has been stated that "the TPO has suggested that the adjustment/disallowance [Emphasis, by underlining, supplied by us now] of ……….. is justified". That, however, is factually incorrect and legally unsustainable in law. Neither the ALP adjustments can be equated with disallowances of expenses, even though effect may be same, nor the TPO has the authority to disallow the expenses. Clearly, the impugned ALP adjustments are vitiated in law for this short reason alone. In any case, the observations with respect to the lack of evidence in support of the benefits is based on sweeping generalizations and is incapable of sustaining legal scrutiny“.—HAMON COOLING SYSTEMS PVT LTD vs. DEPUTY CIT.[2020] 25 ITCD Online 092 (ITAT-MUMBAI)