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TPO has no jurisdiction to determine ‘status of residence’ of an entity by applying POEM: ITAT

June 29, 2019[2019] 107 226 (Pune - Trib.)

TRANSFER PRICING: Where Assessing Officer found control and management of assessee in India, but failed to proceed to benchmark transactions with foreign AEs reported by assessee, TPO/DRP could not benchmark such transaction

TRANSFER PRICING: Proceedings before DRP are not appellate proceedings but correcting mechanism in nature of second look at proposed assessment order; DRP's power is not as wide as that of Commissioner (Appeals)

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