Allowed

Commissioner of Income Tax (International Taxation and Transfer Pricing) v. Shandong Tijun Electronic Power Eng. Company Ltd.

Gujarat HC18 Oct 2019TAXAP/1299/2018

Case brief

AI extract

What is this about?

The High Court quashed the findings of the Income Tax Appellate Tribunal recording in paragraph 20, which had set aside the Assessing Officer's order for transfer pricing verification. The appeal was allowed to this extent after the respondent raised no objection.

What did the court decide?

The findings of the Tribunal in paragraph 20 of its order dated 13.04.2018 are quashed and set aside. The appeal is allowed to that extent.

Commissioner of Income Tax (International Taxation and Transfer… — Income Tax | Gujarat HC (2019)

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C/TAXAP/1299/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/TAX APPEAL NO. 1299 of 2018

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COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION AND TRANSFER PRICING)

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Versus

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SHANDONG TIJUN ELECTRONIC POWER ENG. COMPANY LTD.

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Appearance:

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MR.VARUN K.PATEL(3802) for the Appellant(s) No. 1 MR B S SOPARKAR(6851) for the Opponent(s) No. 1

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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and

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HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

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Date : 18/10/2019

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ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

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1.Heard Mr. Varun Patel, learned senior
standing counsel for the appellant and Mr. S.N.
Soparkar, Senior Advocate, learned counsel with
Mr. B.S. Soparkar, learned advocate for the
respondent.

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2. ADMIT . The following substantial question of law arises for consideration in this appeal:

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Whether on the facts and in the circumstances
of the case, the Income Tax Appellate
Tribunal was justified in setting aside the
order of the Assessing Officer with a
direction to verify as to whether the
reference was made to the TPO by the
Assessing Officer for determination of the

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Page 1 of 2

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C/TAXAP/1299/2018 ORDER

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arm’s length price of the international
transaction?

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3.The above question arises out of the findings
recorded by the Tribunal in paragraph-20 of its
order, whereby the Tribunal was of the view that
the particular issue is required to be set aside
to the file of the Assessing Officer to verify
whether the reference was made to the TPO by the
Assessing Officer for determining the arm’s
length price between the assessee company with
its HO.

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4.Mr. S.N. Soparkar, learned counsel, submitted
that the respondent assessee has no objection if
this part of the order of the Tribunal is set
aside.

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5.In the light of the statement made by the
learned counsel for the respondent, the findings
recorded by the Tribunal in paragraph-20 of the
impugned order dated 13.04.2018 are hereby
quashed and set aside. The appeal stands allowed
to the aforesaid extent.

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(HARSHA DEVANI, J)

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(SANGEETA K. VISHEN,J)

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PRAVIN KARUNAN

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Page 2 of 2

Commissioner of Income Tax (International Taxation and Transfer Pricing) v. Shandong Tijun Electronic Power Eng. Company Ltd.

Case brief

What is this about?

What did the court decide?

Commissioner of Income Tax (International Taxation and Transfer Pricing) v. Shandong Tijun Electronic Power Eng. Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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