COMMISSIONER OF INCOME TAX Vs. NESTLE INDIA LTD.

JUDGEMENT

(1.) THE Revenue claims to be aggrieved by the impugned judgment of the Tribunal in ITA No.4477/Del/2010. The question of law urged on its behalf is: -

(2.) THE relevant facts are that for the concerned assessment year, the Transfer Pricing Officer (TPO) after a detailed analysis of the materials produced before him, concluded that no price adjustment was necessary. However, in the course of the order he stated as follows: -

(3.) THIS Court notices that the Tribunal placed reliance upon the decision, of the assessee itself, of this Court i.e. CIT v. Nestle India Ltd., (2011) 337 ITR 103 (Del.) pertaining to assessment year 2005 -06 where an almost identical question had arisen. This Court had taken note of a similar approach - as noticed by the Tribunal in the impugned order and observed as follows: -