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While determining the arm’s length price, the Tribunal has to follow

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While determining the arm’s length price, the Tribunal has to follow

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While determining the arm’s length price, the Tribunal has to follow the guidelines stipulated under Chapter X of the IT Act.

 

The issue before Hon SC was whether in every case where the Tribunal determines the arm’s length price, the same shall attain finality and the High Court is precluded from considering the determination of the arm’s length price determined by the Tribunal, in exercise of powers under Section 260A of the Income Tax Act?

One may note that Sec 260A provides that an appeal shall lie to the High Court from every order of the Tribunal only if the High Court is satisfied that the case involves a substantial question of law.

Hon SC held as below:

  1. While determining the arm’s length price, the Tribunal has to follow the guidelines stipulated under Chapter X of the IT Act, namely, Sections 92, 92A to 92CA, 92D, 92E and 92F and Rules 10A to 10E.
  1. Any determination of the arm’s length price under Chapter X de hors the relevant provisions of the guidelines, referred to hereinabove, can be considered as perverse and it may be considered as a substantial question of law as perversity itself can be said to be a substantial question of law.
  1. In view of the above, the impugned judgments and orders passed by the High Court dismissing the Revenue’s appeals and even the appeals preferred by the assessees are required to be quashed and set aside and the matters are required to be remitted back to the concerned High Courts

 

SC-Judgement dated 19.04.2023 in CA No. 9404_2022

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