Supreme Court - Daily Orders
M/S S.G. Asia Holdings (India) Pvt. Ltd. vs The Principal Commissioner Of Income ... on 23 January, 2020
Bench: Uday Umesh Lalit, Vineet Saran
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IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
REVIEW PETITION (CIVIL) NO.290 OF 2020
IN
CIVIL APPEAL NO.6144 OF 2019
M/s. S.G. ASIA HOLDINGS (INDIA) PVT. LTD. Petitioner
VERSUS
THE PRINCIPAL COMMISSIONER OF INCOME TAX 4, MUMBAI Respondent
O R D E R
This Review Petition is directed against the Judgment and Order dated 13.08.2019. The arguments in the matter were heard on 05.08.2019 on which date leave was granted and judgment was reserved.
While disposing of the matter it was observed:-
“7. In view of the guidelines issued by the CBDT in Instruction No.3/2003 the Tribunal was right in observing that by not making reference to the TPO, the Assessing Officer had breached the mandatory instructions issued by the CBDT. We do not find the conclusion so arrived at by the Tribunal to be incorrect.
8. However, the Tribunal ought to have accepted the submission made by the Departmental Representative as quoted in para 16.2 of its order and the matter ought to have been restored to the file of the Assessing Officer so that appropriate reference could be made to the TPO.
It would therefore be upto the authorities and the Commissioner concerned to consider the matter in terms Signature Not Verified of Sub-Section (1) of Section 92CA of the Act. Digitally signed by MUKESH KUMAR Date: 2020.01.24 13:01:22 IST
9. We, therefore, allow this Appeal to the aforesaid Reason: extent and direct that it would now be upto the Assessing Officer to take appropriate steps in terms of Instruction No.3/2003.” 2 In this Review Petition it is urged that in view of Circular dated 08.08.2019, benefit ought to be extended in favour of the Review Petitioner as the tax effect in the matter is stated to be less than the limit prescribed in the Circular dated 08.08.2019. Since the matter has been restored to the file of the Assessing Officer so that appropriate reference could be made to the Transfer Pricing Officer (TPO), at this stage the benefit of the aforesaid circular dated 08.08.2019 cannot be extended. Consequently, this Review Petition is dismissed.
.................................J. [UDAY UMESH LALIT] .................................J. [VINEET SARAN] NEW DELHI;
JANUARY 23, 2020
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ITEM NO.1001 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
R.P.(C) No.290/2020 in C.A. No.6144/2019 (Arising out of impugned final judgment and order dated 13-08-2019 in C.A. No.6144/2019 passed by the Supreme Court Of India) M/s. S.G. ASIA HOLDINGS (INDIA) PVT. LTD. Petitioner(s) VERSUS THE PRINCIPAL COMMISSIONER OF INCOME TAX 4, MUMBAI Respondent(s) (FOR ADMISSION) Date : 23-01-2020 This petition was circulated today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN By Circulation UPON perusing papers the Court made the following O R D E R The Review Petition is dismissed, in terms of the Signed Order.
Pending application(s), if any, shall stand disposed of.
(MUKESH NASA) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)