Sec. 144C of Income Tax Act, 1961—DRP — order passed by DRP is a non-speaking order on the issues raised by the assessee, not stating the objections raised by the assessee and the reasons have also not been given as simply the order of TPO and Assessing Officer are referred thus, issue restored back to the file of DRP.

Facts: Ground raised by assessee in the appeal is that DRP erred in not considering the written submissions filed and explanation/information furnished at the time of hearing regarding the comparability of the companies selected by the TPO and basis of computation of the margins of such companies.

Held, that directions passed by DRP u/s 144C (5) are not speaking about what objections were raised by assessee and how they have been found to be not acceptable. DRP has simply observed that TPO has given reasons for rejecting the comparables and by the Assessing Officer in the draft order. Therefore, the order passed by the DRP is a non-speaking order on the issues raised by the assessee, not stating the objections raised by the assessee and the reasons have also not been given as simply the order of TPO and Assessing Officer are referred thus, it is a fit case where this issue should be restored back to the file of DRP to pass a detailed order stating all the objections of the assessee and disposing them by giving a cogent and germane reason for adjudication of the objections of the assessee. - DELPHI CONNECTION SYSTEMS INDIA (P.) LTD. V/s ASSTT. CIT - [2020] 182 ITD 382 (ITAT-COCHIN)