ORDER

PER BEENA PILLAI, JUDICIAL MEMBER

Present appeal arises out of order dated 16.10.2023 passed by the Ld.DCIT (International Taxation), Circle – 2(2), Bangalore for A.Y. 2021-22 on following grounds of appeal:

“General Grounds

1. On the facts and circumstances of the case, the assessment order passed by the Learned Assessing Officer (`Ld. AO') under section 143(3) r.w.s. 144C(13) of the Income tax Act, 1961 (`the Act') pursuant to the directions of the Ld. Dispute Resolution Panel (`Ld. DRP') is bad in law, unlawful and unjust.

2. On the facts and circumstances of the case and in law, the Ld. AO has erred in determining the total income of the Appellant at INR 178,947,349 as against the returned income of INR 151,569,050 offered to tax by the Appellant. Taxability of employee cost reimbursements as Fee for Technical Services (`FTS') amounting to INR 25,602,606

3. On the facts and circumstances of the case and in law, the IA. AO/La. DRP was not justified in holding that the employee cost reimbursements amounting to INR 25,6o2,6o6 by the Indian associated enterprises (AEs) i.e., Toyoda Gosei South India Private United and Toyoda Gosei Minda India Private Limited to the Appellant is tax