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2015 (4) TMI 300 - PUNJAB & HARYANA HIGH COURT

2015 (4) TMI 300 - PUNJAB & HARYANA HIGH COURT - TMI - Jurisdiction of this Court to decide the case - TPA - selection of comparable - whether the Tribunal was correct in holding that if some profit level indicators of a comparable, out of a set of comparables, is higher than the profit level indicators of the taxpayer, then the transactions reported by the taxpayer is at an arm's length price as contemplated in section 92, 92C and other related provisions of the said Act? - Held that:- Once .....

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y jurisdiction, cannot, thus, be accepted, in view of the provisions of Section 170 of the Act, also. Accordingly, the present appeal, being not maintainable, is dismissed by holding that this Court has no territorial jurisdiction to adjudicate upon the lis over an order passed by the AO at Bangalore. Consequently, the appeal is returned to the Revenue for filing before the competent Court of jurisdiction, in accordance with law. - Decided against revenue. - ITA No.222 of 2014 - Dated:- 9-3-2015 .....

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1274/BANG/2008 dated 21.06.2013, for the assessment year 2003-04. The Revenue has claimed the following question of law for determination by this Court: Whether, in view of the first proviso to section 92C(2) of the Income Tax Act, 1961, the Tribunal was correct in holding that if some profit level indicators of a comparable, out of a set of comparables, is higher than the profit level indicators of the taxpayer, then the transactions reported by the taxpayer is at an arm's length price as c .....

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r, Income Tax (Appeals)-IV, Bangalore, which had been partly allowed. Thereafter, an appeal had been filed before the Tribunal at Bangalore. The company, in the meantime, merged with Motorola India Pvt. Ltd. and the name had been changed to Motorola Solutions India Pvt. Ltd., the respondent herein. The Tribunal had passed the order on 21.06.2013, which is a subject matter of challenge. Accordingly, it was contended that this Court would have no jurisdiction. Reliance was placed upon a Division B .....

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542, in which case, the judgment in Motorola India Ltd. (supra) was also taken into consideration and discussed. It is, accordingly, submitted this Court would have jurisdiction since the initial company had merged with Motorola Solutions India Pvt. Ltd. which had been assessed at Gurgaon. It is contended that merely because of the fact that the assessment had been made at Bangalore would not be a relevant factor since the AO has, now, been changed and therefore, the situs of the Tribunal would .....

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ld that the assessee could not take advantage of the transfer and the situs of the AO would give the High Court the territorial jurisdiction. Otherwise, it would lead to an assessee avoiding inconvenient law, laid down by the High Court concerned. The relevant observations read as under: The decision of the High Courts are binding on the subordinate Courts and authorities or Tribunals under its superintendence throughout the territory in relation to which it exercises jurisdiction but it does no .....

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ssessing Officer and if it was otherwise then it would result in serious anomalies as an assessee affected by an assessment order at Bombay may invoke the jurisdiction of Delhi High Court to take advantage of a suitable decision taken by it. Thus, such an assessee may avoid application of inconvenient law laid down by the jurisdictional High Court of Bombay. On the basis of the aforementioned reasoning, the Division Bench sustained the objection that the jurisdiction to entertain the application .....

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se from one or more Assessing Officers subordinate to him to any other Assessing Officer. It also deals with the procedure when the case is transferred from one Assessing Officer subordinate to a Director General or Chief Commissioner or Commissioner to an Assessing Officer who is not subordinate to the same Director General, Chief Commissioner or Commissioner. The aforementioned situation and the definition of expression 'case' in relation to jurisdiction of an Assessing Officer is quit .....

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icer at Bangalore. Accordingly, these appeals are returned to the revenue appellant for their filing before the competent court of jurisdiction in accordance with law. The said view was followed in ITA No.49 of 2012 titled Commissioner of Income Tax (Central) Gurgaon Vs. M/s Parabolic Drugs Ltd., decided on 11.10.2012, wherein also, the assessee's case had been transferred from New Delhi to Central Circle, Chandigarh under Section 127 of the Act. The Tribunal's order was sought to be cha .....

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