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2019 (12) TMI 205 - AT - Income TaxRevision u/s 263 - setting aside the order passed u/s 143(3) - A.O. failed to refer the specified domestic transactions to the TPO - HELD THAT:- Issue is squarely covered by the decision of this Tribunal rendered in the case of Swastik Coal Corporation Pvt. Ltd. Vs. Pr. CIT [2019 (7) TMI 1486 - ITAT INDORE] the order has been revised purely on the basis that the assessing officer has not referred to determine the arm’s length price to the TPO. Since the provision itself stood omitted at the time when the order was passed by the Pr. CIT, under these undisputed facts in the light of the Judgement in the case of General Finance Company [2002 (9) TMI 3 - SUPREME COURT] as well as the order of the coordinate bench rendered in the case of Texport Overseas Pvt. Ltd. [2017 (12) TMI 1719 - ITAT BANGALORE] the impugned order cannot be sustained, hence is hereby quashed. The order impugned is thus quashed and the grounds raised in the appeal are allowed.
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