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2018 (5) TMI 64 - HC - Income TaxDeemed international transaction - sale of the STP unit of the Appellant at Bangalore - Global Transfer Agreement not considered - Held that:- Global Transfer Agreement though produced before the DRP had not been considered by the DRP while disposing off the Appellant's application from the draft assessment order. Thus, in the above fact, the action of the Tribunal in restoring the issue to the DRP to consider the Appellant's claim in the context of examination of the Global Transfer Agreement cannot be said to be perverse or unwarranted. Thus, it appears that the Tribubal desired the benefit of DRP's view on the issues before deciding it in appeal. All the issues including the issue of jurisdiction is left open for consideration by the DRP. Needless to state, the DRP would independently apply its mind to the facts of the case and take a decision thereon.
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