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TMI Blog2018 (4) TMI 1685X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer to delete the Transfer Pricing Adjustment of Rs. 6,56,60,828/- made by it on account of Interest on loan to Sun Pharma Global Inc (AE) at London Inter Bank Offer Rate (LIBOR) Plus 2% Rate which is almost equal to the Prime Landing Rate or American Bank lending rate? B. Whether on the facts and circumstances of the case and in law the ITAT was justified in setting aside the findings of the CIT(A) and directing the Assessing Officer to delete the entire Transfer Pricing Adjustment of Rs. 29,80,13,898/- made by it on account of interest on 0% OFCDs at London Inter Bank Offer Rate (LIBOR) Plus 2% Rate, without appreciating that the Assessing Officer had computed Arm's Length Price in accordance with the provision of secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the case and in law, the ITAT was justified in upholding the assessee's claim for weighted deduction under section 35(2AB) of the Income Tax Act in relation to the revenue expenditure? H. Whether on the facts and circumstances of the case and in law, the ITAT has substantially erred in deleting the addition of Rs. 3,60,88,172/-to Book Profit u/s. 115JB despite the fact that said amount was disallowed u/s. 14A of the Act and hence was required to be added to the book profit as per clause (f) to Explanation 1 of section 115JB(2) of the Act? I. Whether in facts of the case, the ITAT was right in law in deleting disallowance of expenses incurred by the assessee on behalf of M/s. Sun Pharmaceutical Industries, of which, the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (1) is concerned, we notice that the amount involved is merely Rs. 40,000/-. Looking to the smallness of claim, the question is not considered. 5. Insofar as question (2) is concerned, the assessee had claimed certain expenditure which the Assessing Officer had disallowed holding that the same was not for the purpose of business. CIT (A) gave partial relief but made disallowance under section 14A of the Act. In further appeals by the Revenue as well as by the assessee, the Tribunal uphold applicability of section 14A of the Act but provided that Rule 8D formally may be applied. In that view of the matter, this question does not arise at the hands of the Revenue. We make it clear that we have already admitted Revenue's contention reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders. He submitted that this would create a complication and the Assessing Officer's order may become time barred, if by the time the period expires, the Supreme Court were not to pronounce the judgement. 8. We recognize the genuine difficulty in view of sub-section (6) of section 153 now amended. Mere admission of this question in this Tax Appeal will also not solving the issue since this would give rise to chain of proceedings out of the order that the Assessing Officer may be compelled to pass within the statutory time frame. Under the circumstances, after hearing both sides, this issue is placed before the CIT (A) who would dispose of the proceedings once the judgement of the Supreme Court in the Revenue's appeal against such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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