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TMI Blog2018 (5) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... e issues before deciding it in appeal. All the issues including the issue of jurisdiction is left open for consideration by the DRP. Needless to state, the DRP would independently apply its mind to the facts of the case and take a decision thereon. - Income Tax Appeal No. 1157 of 2015 - - - Dated:- 25-4-2018 - M.S. SANKLECHA SANDEEP K. SHINDE, JJ. Ms. Aarti Sathe, Advocate for Appellant. Mr. Suresh Kumar with Ms.Swapna Gokhale, Advocates for the Respondent. P.C: This Appeal under Section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 11.2.2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 11.2.2015 is in respect of Assessment Year 2009-10. 2 Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not fall within the ambit of the definition of an international transaction in section 92B of the Act and, accordingly, is not subject to transfer pricing provisions in India ? 3. The impugned order of the Tribunal has restored all the above issues for fresh examination by the Transfer Pricing Officer (the 'TPO')/Assessing Officer. The Respondent were interalia directed to produce the Global Transfer Agreement before the Assessing Officer/TPO for his examination, while keeping all the issues open. The impugned order records that Global Transfer Agreement was neither produced before the Assessing Officer/TPO nor before the Dispute Resolution Panel (DRP). 4. Thereafter on 11.2.2015, the Respondent filed a miscellaneous appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also contended that in the present case as the transfer was from one domestic company to another domestic company, no occasion to apply transfer pricing provisions will arise. The Tribunal ought to have dealt with the above issue before remanding the issue to the DRP for denovo consideration. 6. We are of the view that Tribunal after taking into account all the facts and circumstances of the case and also in view of the fact that the Global Transfer Agreement though produced before the DRP had not been considered by the DRP while disposing off the Appellant's application from the draft assessment order. Thus, in the above fact, the action of the Tribunal in restoring the issue to the DRP to consider the Appellant's claim in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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