2012 (8) TMI 311 - HC - Income Tax

In a matter which is remanded for a re examination, no question of law arises for examination by the High Court in an appeal under Section 260-A of the Act, unless any part of the remand order suffers from a patent illegality or is an order perverse in nature, and is left to the Lower Appellate Authority to redetermine.

Summary

Issues:
1. Appeal against the Tribunal's order under Section 260-A of the Income Tax Act, 1961.
2. Determination of Arm's Length Price by the Transfer Pricing Officer.
3. Assessment year 2002-03.
4. Merger of the appellant company with another company.
5. Admissibility of appeal without reference to questions of law.
6. Representation by the Standing Counsel.
7. Subsequent developments post the filing of the appeal.
8. Remand of the matter back to the Assessing Officer.
9. Substantial questions of law raised by the assessee.
10. Examination of the appeal on merits.
11. Dismissal of the appeals without expressing any opinion on the aspects.

Analysis:

1. The appeal under Section 260-A of the Income Tax Act, 1961, challenges the Tribunal's order dated 12-07-2007 in I T A No.584/Bang/2006. The appellant, a software development and export company for the assessment year 2002-03, sought accommodation due to its merger with another company post-appeal filing.

2. The Tribunal's order directed the Assessing Officer to reexamine the determination of the Arm's Length Price (ALP) by the Transfer Pricing Officer. The Tribunal emphasized the importance of using relevant information and making suitable adjustments in determining the ALP, highlighting the need for a fair and reasonable ALP as per regulations.

3. The appellant company's merger with another entity post-appeal filing raised procedural concerns, leading to a request for the successor company's inclusion in the proceedings. The Standing Counsel represented the respondent in the appeal proceedings.

4. The Tribunal remanded the matter back to the Assessing Officer for redetermination, setting aside the orders of the Lower Appellate Authority. The High Court noted the remand for reexamination does not warrant examination of the appeal on merits unless there is a patent illegality or perversity in the remand order.

5. Despite the appellant raising 30 substantial questions of law, the High Court found it unnecessary to consider them due to the nature of the Tribunal's order, which was not adverse but remanding the matter for redetermination by the Lower Appellate Authority.

6. The High Court dismissed the appeals without expressing any opinion on the aspects, leaving it open for the assessee to present contentions before the authority handling the remanded matter. Both appeals, ITA No.826/2007 and ITA No.827/2006, were disposed of without further examination on merits.