2018 (5) TMI 64

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..... P.C: This Appeal under Section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 11.2.2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 11.2.2015 is in respect of Assessment Year 2009-10. 2 Appellant-Assessee urges the following questions of law, for our consideration: "(a) Whether on the facts and in the circumstances of the case ....

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....w, the Tribunal was justified in law and on facts in remanding the issue as to whether the sale of the STP Unit of the Appellant at Bangalore to TCIPL, was an international transaction on the factually incorrect basis that the Implementation Agreement (erroneously referred to as the global transfer agreement by the Tribunal) was not produced before the lower authorities without appreciating that i....

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....the Dispute Resolution Panel (DRP). 4. Thereafter on 11.2.2015, the Respondent filed a miscellaneous application for rectification under Section 254(2) of the Act seeking rectification of the impugned order. The Respondents have filed an affidavit dated 16.3.2018 of Mr. Ojas Choksi, constituted attorney of the appellant bringing on record the order of the Tribunal dated 7.8.2015 disposing of the ....

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.... Implementation Agreement) though not placed before the Assessing Officer, was placed before the DRP was also a part of the record before the Tribunal. In the above circumstances, the Tribunal ought to have examined Global Transfer Agreement and determined whether or not the said agreement has any impact in respect of the transactions which are alleged to be international transaction. Further, it....