2018 (4) TMI 1285

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..... nternational transaction to determine the Arm Length Prince under Chapter X of the Act
M.S. SANKLECHA & SANDEEP K. SHINDE, JJ. Mr. Percy Pardiwalla, Senior Advocate with Mr. Nishant Thakkar with Ms. Jasmin Amalsadwala i/by PDS Legal, Advocates for the Applicant/Org. Appellant. Mr. A.R.Malhotra with Mr. N.A.Kazi, Advocates for the Respondent. P.C: This Notice of Motion is taken out in a pending appeal which challenges the order dated 19.2.2014 of the Income Tax Appellate Tribunal (Tribunal) in respect of Assessment Year 2008-09. This Application has become necessary as the Tribunal is inhibited from deciding an appeal before it, in respect of the same respondent for the same Assessment Year (consequent to remand) in the face of the p .....

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..... se to the Applicants herein. This resulted in the Applicants filing an Appeal being No.6142/M/2017 (Second round appeal) from the final assessment order dated 31.8.2017. In the meantime, the decision of the Special Bench in L.G. Electronics India Private Limited v. ACIT (152 TTJ 273) which was a common order disposing of the various other appeals alongwith it, were subject matter of challenge before higher forums. Some of the parties in L.G. Electronics (Supra) group had preferred appeals to Delhi High Court while L.G. Electronics had itself preferred an appeal to the Allahabad High Court. We are informed that the appeal of the L.G. Electronics to Allahabad High Court is still awaiting final disposal. However, some of the appeals filed by o .....

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..... v. CIT [374 ITR 118(Del.). 7. The directions sought by the Revenue cannot be granted in this application for the reason that the second round of proceedings have not yet culminated in a final order of the Tribunal. At this stage, we have no jurisdiction to interfere with the appeal pending before the Tribunal. Under the Act, we can only exercise our appellate jurisdiction in respect of appeals filed under Section 260A of the Act by the parties from the orders of the Tribunal passed under Section 254 of the Act. Therefore, no directions can be given by us in respect of a matter which is not before us. 8. However, in the facts and circumstances of the case, particularly because both parties are broadly agreed that there are subsequent devel .....

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