2022 (9) TMI 1562

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....nue : Shri Piyush Kumar Singh Yadav. ORDER PER S. S. GODARA, JM : 1. This Revenue's appeal ITA No. 162/PUN/2022 with assessee's cross objection CO No. 22/PUN/2022 for assessment year 2010-11, arise against CIT(A)-13 Pune's order dated 30.12.2021 passed in case no.PN/CIT(A)-13/DCIT, Cir-1(1), New Delhi/10012/2014-15/229, involving proceedings u/s. 143(3) r.w.s. 144C of the Income Tax Act, ....

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....ices in the light of terms and conditions of the APA without appreciating that the terms and conditions of APA which is applicable to AY 2011-12 to AY 2015-16 cannot he applied to AY 2010-11 as it would amount to violating the provisions of sub-section (9A) to section 92CC which categorically restricts the application of APA only to 4 roll back years and not beyond. 4) The appellant crave....

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....T(A)'s detailed discussion in para 2.6 onwards that the forgoing agreed mark up would indeed carry persuasive value for all collateral purposes. 5. We have given our thoughtful consideration to the forgoing rival pleadings and find forced in the Revenue's stand since an advance pricing agreement "APA" is applicable only for the specified time span not exceeding five consecutive previous years u....