TMI Blog2018 (3) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... regard to the price of each individual transaction for arriving at the Arm's Length Price(ALP)? - Income Tax Appeal No. 648 of 2015 - - - Dated:- 19-3-2018 - M.S. SANKLECHA SANDEEP K. SHINDE, JJ. Mr. Malhotra a/w Mr. N.A. Kazi for the appellant Mr. Atul Jasani for the respondent P.C. 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Arm's Length Price(ALP)? (iii) Whether in the facts and circumstances of the case and in law, the Tribunal erred in considering the arithmetic means of international transactions for the purpose of determining ALP contrary to the provisions of Section 92C(2), which only permits considering the arithmetic means of Comparable Uncontolled Price, resulting in a mixed question of law and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent by following the decision of its coordinate bench in respect of Assessment Year 200001 in respect of the same respondent assessee. Mr. Malhotra, appearing for the Revenue informs us that the Revenue has accepted the order passed by the Tribunal on the above issue for Assessment Year 2000-01. (b) Mr. Malhotra, for the Revenue further very fairly informs us that for the subsequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal had no occasion to deal with it. This Court in Commissioner of Income Tax Vs. Tata Chemicals Ltd. 256, ITR 395 has held that in an appeal under Section 260A of the Act, this Court can only decide a question, which has been raised (even though not decided) before the Tribunal. (b) In the above view, the question as proposed do not give rise to any substantial questions of law for our ..... X X X X Extracts X X X X X X X X Extracts X X X X
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