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TMI Blog2016 (7) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... n the application, the delay of 66 days in filing the appeal is condoned. The application is disposed of. ITA 447/2016 2. This appeal by the Revenue is directed against the order dated 20th November, 2015 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 1585/Del/2015 for the Assessment Year (AY) 2010-11. 3. The first issue urged concerns the rejection by the ITAT of three comparab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt is not persuaded to hold that the first issue urged gives rise to a substantial question of law requiring examination by the Court. 5. The other question urged by the Revenue in the present appeal concerns the scope of the powers of the ITAT while hearing an appeal. The submission is that the TPO considered 9 comparables of which the Assessee raised objections with regard to the inclus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... While the Assessee had a remedy by filing an objection before the ITAT, the Revenue could not during the relevant AY, do so. It has been urged on the strength of the decision of this Court in Commission of Income Tax v. Jansampark Advertising and Marketing Limited (2015) 375 ITR 373 (Del) that in such circumstances it is incumbent upon the ITAT to exercise suo motu powers and in the interest of ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case we are concerned with AY is 2010-11 when there was no such provision permitting the filing of cross objection by the Department. It was introduced by the Finance Act, 2012 and again removed under the Finance Act, 2016. Clearly, there is legislative policy governing the insertion of the said provision in Finance Act, 2012 and its deletion in Finance Act, 2016. 9. Consequently, this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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