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TMI Blog2019 (12) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... rporation Pvt. Ltd. Vs. Pr. CIT [ 2019 (7) TMI 1486 - ITAT INDORE] the order has been revised purely on the basis that the assessing officer has not referred to determine the arm s length price to the TPO. Since the provision itself stood omitted at the time when the order was passed by the Pr. CIT, under these undisputed facts in the light of the Judgement in the case of General Finance Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014-15. The assessee has raised following grounds of appeal: 1. That on the facts and in the circumstances of the case the Ld. CIT has erred in setting aside the order of the A.O. passed u/s 143(3) of the I.T. Act, for examinations of the large specified domestic transactions allegedly holding it erroneous in so far as prejudicial to interest of revenue. The order passed by CIT- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 263 of the Act calling upon the assessee as to why the assessment order so framed should not be revised on the basis that the A.O. did not examine loss from currency fluctuations and also did not refer matter to the TPO for computing value of specified domestic transactions. The Ld. CIT after considering the submissions of the assessee set aside the assessment order and directed him to perse asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order is revised is with regard to the opinion of the Ld. CIT that the A.O. failed to refer the specified domestic transactions to the TPO. We find that the identical issue was before this Tribunal in the case of Swastik Coal Corporation Pvt. Ltd. Vs. PCIT (supra) in which the Tribunal decided the issue as under: 4. Taking a consistent view, we hereby set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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