TMI Blog2022 (9) TMI 1562X X X X Extracts X X X X X X X X Extracts X X X X ..... m FYs 2011-12 to 2014-15 whereas we are in AY 2010-11 only - HELD THAT:- We make it clear that Chapter X in the Act is in the nature of a SPECIAL PROVISION RELATING TO AVOIDANCE OF TAX i.e. an anti avoidance measure introduced by the legislature. Hon ble apex court s recent landmark decisions PCIT V/s Wipro Ltd [ 2022 (7) TMI 560 - SUPREME COURT] , Commissioner V/s Dilip Kumar Co. [ 2018 (7) TMI 1826 - SUPREME COURT] CIT V/s. GM Knitting Industries (P) Ltd.[ 2015 (11) TMI 397 - SC ORDER] have settled the law that the relevant provisions in the Act ought to be put to stricter interpretation only. Faced with this situation, we reverse the CIT(A) s findings in issue going against sec. 92CC(4) r.w.s.(9A) of the Act (supra) and dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e light of terms and conditions of the APA without appreciating that the terms and conditions of APA which is applicable to AY 2011-12 to AY 2015-16 cannot he applied to AY 2010-11 as it would amount to violating the provisions of sub-section (9A) to section 92CC which categorically restricts the application of APA only to 4 roll back years and not beyond. 4) The appellant craves to add, amend, alter or delete any of the above ground of appeal during the course of appellate proceedings before the Hon ble Tribunal. 3. It is evident that the Revenue s sole legal ground herein challenges correctness of the CIT(A) s action reversing assessment findings making Transfer Pricing adjustment(s) of Rs.3,51,21,912/-in assessee s back offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act (supra) and direct him to re-decide all of the assessee s grounds in the lower appeal afresh as per law. This Revenue s appeal ITA No. 162/Pun/2022 is allowed for statistical purposes. 6. The assessee s cross objection C.O. No. 22/Pun/2022 pleading therein that the CIT(A) s ought to have decided all the relevant issues on merits; also follows the suit as the necessary corollary. Ordered accordingly. 7. To sum up, this Revenue s appeal ITA No. 162/Pun/2022 as well as assessee s Cross Objection C.O No. 22/Pun/2022 are allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files Order pronounced in the Open Court on this 16th day of September, 2022. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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