Commissioner Of Income Tax (International Taxation And Transfer Pricing v. Shandong Tijun Electronic Power Eng. Company Ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 1299 of 2018 ========================================================== COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION AND TRANSFER PRICING) Versus SHANDONG TIJUN ELECTRONIC POWER ENG. COMPANY LTD. ========================================================== Appearance: MR.VARUN K.PATEL(3802) for the Appellant(s) No. 1MR B S SOPARKAR(6851) for the Opponent(s) No. 1========================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANIand HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 18/10/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1.Heard Mr. Varun Patel, learned senior standing counsel for the appellant and Mr. S.N. Soparkar, Senior Advocate, learned counsel with Mr. B.S. Soparkar, learned advocate for the respondent. 2.ADMIT. The following substantial question of law arises for consideration in this appeal: Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in setting aside the order of the Assessing Officer with a direction to verify as to whether the reference was made to the TPO by the Assessing Officer for determination of the arm’s length price of the international transaction? 3.The above question arises out of the findings recorded by the Tribunal in paragraph-20 of its order, whereby the Tribunal was of the view that the particular issue is required to be set aside to the file of the Assessing Officer to verify whether the reference was made to the TPO by the Assessing Officer for determining the arm’s length price between the assessee company with its HO. 4.Mr. S.N. Soparkar, learned counsel, submitted that the respondent assessee has no objection if this part of the order of the Tribunal is set aside. 5.In the light of the statement made by the learned counsel for the respondent, the findings recorded by the Tribunal in paragraph-20 of the impugned order dated 13.04.2018 are hereby quashed and set aside. The appeal stands allowed to the aforesaid extent. (HARSHA DEVANI, J) (SANGEETA K. VISHEN,J)