2018 (4) TMI 1285

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.... Year 2008-09. This Application has become necessary as the Tribunal is inhibited from deciding an appeal before it, in respect of the same respondent for the same Assessment Year (consequent to remand) in the face of the pending appeal. 2. The appeal was admitted on 3.4.2017 on the following substantial question of law : "Whether on the facts and circumstances of the case and in law, the expenditure incurred by the Appellant on AMP was an international transaction for the purposes of adjustment under Chapter X of the Act ?" 3. The order dated 19.2.2014 of the Tribunal in respect of which this appeal has been admitted had restored the issue to the Transfer Pricing Officer ('TPO') by observing as under: ".....We,....

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....ourt while L.G. Electronics had itself preferred an appeal to the Allahabad High Court. We are informed that the appeal of the L.G. Electronics to Allahabad High Court is still awaiting final disposal. However, some of the appeals filed by other Appellants in the group were disposed of by the Delhi High Court and they specifically disapproved the decision of the Special Bench in the case of LG Electronics (Supra) as evidenced from the following reported decisions in Maruti Suzuki India Ltd. v. CIT [64 Taxmann.com 150], CIT v. Whirlpool of India Ltd. [64 Taxmann.com 324] and Bausch and Lomb Eyecare (India) Pvt. Ltd. v. CIT [381 ITR 227]. 5. Therefore, when the second round appeal viz., ITXA No.6142/M/2017 was taken up for consideration on....

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....ection 254 of the Act. Therefore, no directions can be given by us in respect of a matter which is not before us. 8. However, in the facts and circumstances of the case, particularly because both parties are broadly agreed that there are subsequent developments in law, which the Tribunal should consider while deciding the second round of appeal before it. The Tribunal is at liberty to adjudicate the issues arising in the second round of appeal (ITXA No.6142/M/2017) interalia with regard to AMP as an international transaction to determine the Arm Length Prince under Chapter X of the Act. This after taking into consideration decisions rendered by the Courts subsequent to its order dated 19.2.2014(first round order). 9. Although the afor....