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TMI Blog2018 (10) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... Per George George K., JM This appeal at the instance of the assessee is directed against the order of the Commissioner of Income-tax, passed u/s 263 of the I.T.Act. The relevant assessment year is 2012- 2013. 2. The grounds raised read as follows:- 1. Learned Commissioner of Income tax went wrong in reopening the assessment under section 263 of the Income tax Act. The AO had considered the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standing the ground relating to reopening u/s.263, the CIT erred in setting aside the assessment to examine the disallowance u/s.40(a)(ia) of the IT Act, in respect of expenses incurred for testing of tyres outside India amounting to Rs. 3,27,61 ,904/-. 5. For these and other grounds that may be further adduced at the time of hearing, the order of the Ld.Commissioner of Income tax requires to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal in assessee's own case is pending adjudication before the Hon'ble High Court. 4.1 We also noticed that the Delhi Bench of the Tribunal in the case of Bausch & Lomb India Pvt.Ltd. v. ACIT in ITA No.1399/Del/2017 (order dated 25.08.2017) was of the view that the Administrative Commissioner does not have power to revise the draft assessment order. The relevant finding of the Delhi Bench of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if it is prejudicial to the interest of the revenue. An order can be prejudicial to the interest of the revenue only when it crystallizes the liability of the assessee to pay and notice of demand is issued, which in the opinion of the authority is prejudicial to the interest of the revenue. If no final liability, pursuant to which a demand notice can be issued, is capable of determination at that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercising a parallel power u/s 263 to revise such a draft order. We, therefore, jettison the arguments raised by the ld. AR challenging the power of the DRP to direct the addition on account of transfer pricing adjustment on account of intra group services in the facts and circumstances of the extant case." 4.2 In view of the above orders of the Tribunal, we hold that the CIT is not justified ..... X X X X Extracts X X X X X X X X Extracts X X X X
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