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The ITAT recalled its earlier order regarding the transfer pricing adjustment under section 92BA, acknowledging the omission of clause (i) by the Finance Act, 2017, which rendered the previous reliance on that clause invalid. However, the Tribunal recognized that the transaction involving the transfer of finished goods between non-eligible and eligible units falls within the scope of section 92BA(v). Consequently, the Tribunal allowed the revenue's miscellaneous application to recall its prior order and directed that the main appeal be listed for hearing on 30.09.2025. The decision clarifies that while section 92BA(i) is omitted, adjustments under other clauses of section 92BA remain valid, warranting a fresh consideration of the appeal.
The ITAT recalled its earlier order regarding the transfer pricing adjustment under section 92BA, acknowledging the omission of clause (i) by the Finance Act, 2017, which rendered the previous reliance on that clause invalid. However, the Tribunal recognized that the transaction involving the transfer of finished goods between non-eligible and eligible units falls within the scope of section 92BA(v). Consequently, the Tribunal allowed the revenue's miscellaneous application to recall its prior order and directed that the main appeal be listed for hearing on 30.09.2025. The decision clarifies that while section 92BA(i) is omitted, adjustments under other clauses of section 92BA remain valid, warranting a fresh consideration of the appeal.
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