assessee in view of
subsequent amendment in the provisions of
sec.92C of the IT Act, 1961. Accordingly, we
decide this issue in favour ... sec.92C of the Act, by
inserting sub-sections 2A and 2B.
Newly inserted section 92C (2A) has
explained that when the variation
between
based on
an adjudication made by the Transfer Pricing Officer
under Section 92C of the Act would be contrary to the
DTAA and violative ... defined in section 92B , any
amount is added or disallowed in computing
the total income under sub-section (4) of
section 92C , then, the amount
satisfy and
communicate to the tax payer the Clause
under section 92C(3) of the Act before
proceeding further in the matter?
(3) Whether ... Whether the Tribunal was correct
in holding that the proviso to Section 92C(2) of
Date of Judgment
from the Arm's Length Price
under the proviso to section 92C(2) of the Income
Tax Act?
2. Whether the tribunal is right ... Board with
regard to the applicability of the amended proviso
to section 92C(2) to all cases pending before the
TPO after
international
transaction attracting the provisions of Sec.92 of
the Act. Sec.92C of the Act provides the manner of
computation ... prescribes
rules for Determination of arm's length price
under section 92C :-
xxxx
xxxx
31. Rule 10C of the Rules provides for choosing
international transaction attracting the
provisions of Sec.92 of the Act. Sec.92C
provides the manner of computation of Arm's
Date of Judgment ... purposes of sub-section (2) of
section 92C , the arm's length price in relation
to an international transaction shall be
determined
from the
arithmetic mean price as per the proviso to
section 92C(2) even when the price charged
by the assessee falls beyond +/-5% from ... arithmetic mean price as per the proviso to
section 92C(2) even when they said proviso is
amended to clarify the position
PLIs of uncontrolled
comparables as per the proviso to
section 92C(2) of the Income Tax Act.?
5) Whether the tribunal is right ... from the
Arm's Length Price under the proviso
to section 92C(2) of the Income Tax Act
even when the corrigendum dated
Date
from the
arithmetic mean price as per the proviso to
section 92C(2) even when the price charged
by the assessee falls beyond +/-5% from ... from the
arithmetic mean price as per the proviso to
section 92C(2) even when they said proviso is
amended to clarify the position
profit level indicators of
uncontrolled comparables as per the
proviso to section 92C(2) of the Act?
Date of Judgment ... from the Arm's
Length price under the proviso to Section
92C(2) of the Act, without considering the
corrigendum dated
