2023 (2) TMI 1403

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.... ORDER PER BENCH: 1. Aforesaid appeals by various assessees for Assessment Years (AYs) 2013-14 & 2014-15 arises out of separate final assessment orders passed by learned Assessing Officer. All the assessees are group entities which were subjected to determination of Arm's Length Price (ALP) by revenue on specified domestic transactions (SDT) being carried by them amongst themselves during these years. It is admitted position that the facts as well as issues are quite identical and common adjudication would dispose-off all the appeals. 2. The assessee' appeal ITA No.2608/Mum/2017 for AY 2013-14 arises out of final assessment order passed by Ld. Assessing Officer (AO) u/s 143(3) r.w.s. 144C(13) on 26.09.2017 pursuant to the direction of L....

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..... AO in the respective impugned orders ought to be deleted. The Ld. AR also relied on the recent decisions of Mumbai Tribunal in Mahindra Two Wheelers Ltd. vs. DCIT (ITA No.519/Mum/2018 dated 28.04.2022) and the decision in Giraffe Developers Pvt. Ltd. vs. Pr. CIT (ITA No.2663/Mum/2019 dated 25.07.2022) taking the same view by following the cited decision of Hon'ble High Court. The copies of the decisions have been placed on record. The Ld. CIT-DR, on the other hand, submitted that these transactions were brought in the ambit of Transfer pricing (TP) mechanism pursuant to the directions of Hon'ble Supreme Court in the case of CIT vs. Glaxo Smithkline Asia (P.) Ltd. (195 Taxman 35). 5. Since the plea of Ld. AR contest very validity of juri....

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....effect, it cannot be granted afterwards. Savings of the nature contained in section 6 or in special Acts may modify the position. Thus the operation of repeal or deletion as to the future and the past largely depends on the savings applicable. In a case where a particular provision in a statute is omitted and in its place another provision dealing with the same contingency is introduced without a saving clause in favour of pending proceedings then it can be reasonably inferred that the intention of the legislature is that the pending proceedings shall not continue but fresh proceedings for the same purpose may be initiated under the new provision." 6. In fact, Co-ordinate Bench under similar circumstances had examined the effect of omissi....

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.... being no more res integra. 8. Insofar as question No. 2 is concerned, we find from the order of the Tribunal that issue relating to the deletion of disallowance made by the Assessing Officer has been remitted back to the Assessing Officer which finding is based on factual aspects which would not call for interference by us, that too, by formulating substantial question of law. The Assessing Officer has to undertake the exercise of factual determination. As such, without expressing any opinion on merits with regard to question No. 2 formulated by the revenue in the respective appeals, we proceed to pass the following: ORDER (i) Both the appeals i.e., ITA No. 392/2018 and ITA No.170/2019 are dismissed. (ii) Order dated 22.12.2017 passed....