9911796707
TMI Blog2024 (2) TMI 1485X X X X Extracts X X X X X X X X Extracts X X X X ..... relied upon the petitioner which were rendered prior to the impugned order have not been considered by the respondent No.1 TPO before passing the impugned order which also does not take into account the relevant statutory provisions before passing the impugned order. Under these circumstances, without expressing any opinion on the merit/demerits of the rival contentions and in order to enable the first respondent TPO to pass fresh orders after consideration of the relevant statutory provisions and the judgments of various High Courts referred to supra, deem it just and appropriate to set aside the impugned order and remit the matter back to the first respondent for reconsideration afresh in accordance with law. X X X X Extracts X X X X X X X X Extracts X X X X ..... ia Pvt. Ltd., 381 IR 413 2. Commissioner of Income Tax vs Tara Jewels Exports Pvt. Ltd. Order dated 05.10.2025 in ITA No.1814/2013 (HC-Bombay) 3. Commissioner of Income Tax vs Keihin Panalfa Ltd. 381 ITR 407 (Delhi) 4. CIT vs Petro Araldite Pvt Ltd., (Bombay) Order dated 24.11.2015. 5. CIT vs Hindustan Uniliever Ltd., 394 ITR 73 (Bombay) 6. CIT vs ALSTOM Projects India Ltd., 394 ITR 141 (Bombay) 7. CIT vs Phoenix Mecano (India) Pvt. Ltd., (2019) 414 ITR 704 (Bombay) 8. CIT-I vs Hindustan Unilever Ltd., SLP(C) No.(s) 22381/2017 Order dated 29.10.2018 (SC) 9. CIT vs Phoenix Mecano (India) Pvt. Ltd., SLP (civil) Diary No.2234/2018 Order dated 05.02.2018 (SC). 4. It is submitted that non consideration of the relevant s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent for reconsideration afresh in accordance with law. 8. In the result, I pass the following: ORDER (i) Petitioner is hereby allowed. (ii) Impugned order dated 31.10.2018 passed by the respondent No.1 (Transfer Pricing Officer) - TPO under Section 92CA of the Income Tax Act, 1961, is hereby set aside. (iii) Matter is remitted back to the respondent No.1 - TPO for reconsideration afresh bearing in mind the aforesaid judgments and the relevant statutory provisions, in this regard. (iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. (v) Liberty is reserved in favour of the petitioner to submit additional pleadings, documents, case law before the first respondent who sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
