The Tax Publishers2020 TaxPub(DT) 3091 (Gau-Trib)

INCOME TAX ACT, 1961

Section 92BA(1)

Clause (i) of section 92BA was omitted with effect from 1-4-2017 and effect of such 'omission' was that this provision never existed in the statute book, hence no reference to TPO was called for in respect of specified domestic transaction.

Transfer pricing - Specified domestic transactions - Scope for making reference to TPO after omission of clause (i) of section 92BA -

Question arose for consideration was whether it was mandatory to make reference to TPO as regards specified domestic transactions entered into by assessee. Held: Clause (i) of section 92BA was omitted with effect from 1-4-2017 and effect of such 'omission' was that this provision never existed in the statute book, hence no reference to TPO was called for in respect of specified domestic transaction.

Followed:Raipur Steel Casting India (P) Ltd. & Srinath Ji. Furnishing (P) Ltd. vide Order, dated 10-6-2020.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2014-15



IN THE ITAT, GAUHATI BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT