2023 (5) TMI 1411

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....) in ITA No.263 & 264/Kol/2020 and CO No.4/Kol/2021 for the assessment year 2015-16. This appeal is admitted on the following substantial questions of law: "(a) On the facts and in the circumstances of the case and in law, whether the Hon'ble ITAT has erred in law in relying on the order u/s 143(3) of the Income Tax Act, 1961 for the A.Y. 2008-09 to 2013-14 and ignoring the fact that the case was not referred to TPO for Transfer Pricing proceeding in A.Y.s 2008-09 to 2013-14? (b) On the facts and in the circumstances of the case and in law, whether the Hon'ble ITAT has perversely erred in law by applying the principle of consistency, by citing case law of Radhaswami Sastang Vs. C.I.T. in 193 ITR 321 (SC) which is not ap....

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....ospective in nature? (g) On the facts and in the circumstances of the case and in law, whether the Hon'ble ITAT has erred in dismissing the appeal of revenue by relying upon the decision of the coordinate bench of the ITAT, Kolkata in the case of M/s. Birla Corporation Ltd. Vs. DCIT which predates amendment brought into the Section 32(1)(iia) of the Income Tax Act, 1961 in the Finance Act, 2015? We have heard Mr. Soumen Bhattacharjee, learned standing counsel appearing for the appellant and Mr. J.P. Khaitan, learned senior counsel appearing for the respondent. Though seven substantial questions of law have been raised, they can be categorised under two categories. The substantial questions of law (a) to (e) are all pertaining....