IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’, DELHI BEFORE SHRI PRAKASH CHAND YADAV,JUDICIAL MEMBER AND MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.6835/De l/2015 Takata India Pvt Ltd., Vs. DCIT, Circle 25(1), (now Joyson Anand Abhishek New Delhi Safety Systems Pvt Ltd.,)

Plot No.20, Sector-5, IMT Manesar, Gurugram (Haryana)-122050 PAN/GIR No. AACCT 7200 N (Appellant) .. ( Respondent Assessee by : None Revenue by : Shri S.K.Jadhav, CIT (DR)

Date of hearing : 31 .07.2025 Date of Pronouncement : 28. 08.2025

O R D E R

PER PRAKASH CHAND YADAV, JUDICIAL MEMBER:

The present appeal of the assessee is arising from the order of the Assessing Officer dated 27.10.2015 and relates to assessment year 2011-12 2. Brief background of the case are that the present appeal was earlier heard and decided ex-party by the Co-ordinate Bench on 17.9.2018. Thereafter, the assessee has filed Miscellaneous application registered as No.761/Del/2018 and the matter was recalled by the Co-ordinate Bench on 4.9.2020. Since then, this matter is pending here. It is pertinent to note that this matter has already been adjourned 11 times on various occasions, most of the time at the request of ld AR of the assessee and the appeal was last fixed for hearing on 31.7.2015. It is next observed that on 31.12.2024, the predecessor Bench has already granted last and final opportunity to the assessee and revenue, on that day one Mr. Ashwani Nalhe AR had appeared on behalf of the assessee. Despite final opportunity dated 31.12.2024, the matter has been adjourned several times again at the request of the assessee. So far as the contention of the counsel for the assessee that certain complex issues of transfer pricing are involved in this case, we do not find any force in the arguments of ld. counsel for the assessee as evident from the fact that till date neither any paper book either of the documents to be relied on nor any case law compilation has been filed by the assessee.

3. Today, when this matter was called up for hearing, one A.R. of the assessee appeared virtually and has sought adjournment once again. However, the Bench clerk pointed out that there is no power of attorney on record of the ITAT authorizing this present A.R. who has appeared virtually. The Bench asked the ld. counsel for the assessee about his power of attorney to which he has informed that he will file the power of attorney in the course of the day. So far as the request of ld. counsel for the assessee vis-à-vis grant of adjournment is concerned, same is declined observing the long pendency of the matter. The Bench has directed the ld. counsel for the assessee (without P.O.A) that he can file the written submission on behalf of the assessee along with power of attorney. With these observations, the assessee has been granted 10 days’ time. However, till date, i.e. on 11.8.2025, neither any power of attorney nor any written submission has been received from the side of the assessee. Therefore, we are deciding this appeal on the basis of materials available on record.

4. Brief facts of the case as coming out from the orders of lower authorities that the assessee is a company engaged in the business of manufacturing/assembling of automotive airbag modules, steering wheels and seat belt. During the year under consideration, it has filed its return of income declaring loss of Rs.24.47 crores. Thereafter, the case of the assesse was selected for scrutiny. Since the assessee company had entered into an international transaction with its associated enterprises (A.E), the matter was referred to the Transfer Pricing Officer (Transfer Pricing Officer) after taking approval from the concerned authority for determining the Arm’s Length Price (ALP) of international transaction undertaken by the assessee. The Transfer Pricing Officer vide its order dated 29.1.2015 conducted the T.P.Study and suggested an adjustment of Rs.13,81,10,475/-. After the arrival of Transfer Pricing order, the Assessing Officer passed th