2018 (3) TMI 1212

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.... P.C. 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 19th September, 2014 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2006-07. 2. Mr. Malhotra, learned Counsel for the Revenue urges the following reframed questions of law for our consideration : (i) Whether in the fact....

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....he arithmetic means of Comparable Uncontolled Price, resulting in a mixed question of law and facts? (iv) Whether in the facts and circumstances of the case and in law, the Tribunal was justified in directing the A.O. / T.P.O. to consider the arithmetic mean of the international transactions which would make it impossible to apply the second proviso to section 92C(2) and make the application of....

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.... Mr. Malhotra, for the Revenue further very fairly informs us that for the subsequent Assessment Year 2001-02 to 2004-05 on an identical issue the Tribunal has followed its above order for Assessment Year 2000-01 and decided it in favour of the Respondent. These orders have also been accepted by the Revenue. (c) In the above view, in the absence of any difference in facts and in law being shown....

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....proposed do not give rise to any substantial questions of law for our consideration. Thus, not entertained. 5. Appeal is admitted on the substantial reframed question of law at Sr. no.(ii) above. 6. We have taken on record the affidavit dated 16th March, 2018 of Mr. Ambarnath Khule, Assistant Commissioner of Income Tax, explaining the circumstances in which no appeal was filed from the decis....