M/S. Validor Capital India Pvt v. Income Tax Officer

$~7 *IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 491/2017 M/s. VALIDOR CAPITAL INDIA PVT...... AppellantThrough:Mr.AnoopSharma,Mr.PraveshSharmaandMr.SushilKumar,Advocates. versus INCOME TAX OFFICER ..... RespondentThrough:Mr. Ruchir Bhatia, Senior StandingCounsel with Mr. Puneet Rai, JuniorStanding Counsel. CORAM: JUSTICE S. MURALIDHARJUSTICE PRATHIBA M. SINGH O R D E R%12.10.2017 1.ThisisanappealbytheAssesseeagainstanorderdated26[th]December 2016 passed by the Income Tax Appellate Tribunal (‘ITAT’)in ITA No. 1979/Del/2014 for the Assessment Year 2009-10. 2. The grievance of the Appellant-Assessee is that, while the ITAT admittedthe additional ground urged by the Appellant and required the TransferPricing Officer (‘TPO’) to undertake a fresh comparability analysis fordetermining the arm’s length price (‘ALP’), it did not consider it necessaryto consider any of the remaining grounds urged by the Assessee. 3. The Court finds that the remaining grounds urged by the Assessee also ITA 491/2017 pertain to the comparability analysis. Consequently, the ITAT was not inerror in observing that since the matter was being remanded for a freshdetermination of the ALP in accordance with law, there was no need todecide the remaining grounds at this stage. No substantial question of lawarises in the present appeal. 4. The appeal is dismissed. S. MURALIDHAR, J. OCTOBER 12, 2017dk PRATHIBA M. SINGH, J.