w w w . L a w y e r S e r v i c e s . i n
Times Global Broadcasting Company Ltd. v/s Union of India
Company & Directors' Information:- TIMES GLOBAL BROADCASTING COMPANY LIMITED [Active] CIN = U32109MH1986PLC168454
Company & Directors' Information:- B N GLOBAL PRIVATE LIMITED [Active] CIN = U15400PB2014PTC038543
Company & Directors' Information:- K V GLOBAL PRIVATE LIMITED [Active] CIN = U24100DL2014PTC263567
Company & Directors' Information:- GLOBAL CORPORATION LIMITED [Active] CIN = L74999DL1992PLC048880
Company & Directors' Information:- T & I GLOBAL LTD. [Active] CIN = L29130WB1991PLC050797
Company & Directors' Information:- K G GLOBAL PRIVATE LIMITED [Active] CIN = U74999DL2000PTC104788
Company & Directors' Information:- A. V. GLOBAL CORPORATION PRIVATE LIMITED [Active] CIN = U63090DL2007PTC159315
Company & Directors' Information:- J S BROADCASTING PRIVATE LIMITED [Active] CIN = U64200DL2011PTC219384
Company & Directors' Information:- A N GLOBAL LIMITED [Active] CIN = U92110MH1985PLC035269
Company & Directors' Information:- D S GLOBAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071516
Company & Directors' Information:- TIMES GLOBAL PRIVATE LIMITED [Active] CIN = U01403WB1995PTC131537
Company & Directors' Information:- A B C GLOBAL PRIVATE LIMITED [Active] CIN = U51909PB2011PTC035103
Company & Directors' Information:- C R BROADCASTING LIMITED [Active] CIN = U92120TG2012PLC083106
Company & Directors' Information:- I A T GLOBAL COMPANY PRIVATE LIMITED [Active] CIN = U24116DL1997PTC084916
Company & Directors' Information:- J D GLOBAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC091270
Company & Directors' Information:- B N G GLOBAL INDIA LIMITED [Active] CIN = U52590DL2011PLC225377
Company & Directors' Information:- N K COMPANY (GLOBAL) PRIVATE LIMITED [Active] CIN = U52390WB2010PTC153624
Company & Directors' Information:- K B K GLOBAL PRIVATE LIMITED [Active] CIN = U24296DL2016PTC290487
Company & Directors' Information:- M & D GLOBAL PRIVATE LIMITED [Active] CIN = U31101UP1974PTC003937
Company & Directors' Information:- V R GLOBAL PRIVATE LIMITED [Active] CIN = U45200WB2007PTC120797
Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911
Company & Directors' Information:- M M GLOBAL PRIVATE LIMITED [Strike Off] CIN = U29120WB1986PTC041280
Company & Directors' Information:- R V GLOBAL PRIVATE LIMITED [Active] CIN = U74990MH2009PTC195301
Company & Directors' Information:- M M C GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U11200MH2010PTC206910
Company & Directors' Information:- S R GLOBAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1997PTC084553
Company & Directors' Information:- H V GLOBAL PRIVATE LIMITED [Active] CIN = U18101DL2000PTC103960
Company & Directors' Information:- R P GLOBAL PRIVATE LIMITED [Strike Off] CIN = U74990MH2009PTC193409
Company & Directors' Information:- M S GLOBAL PRIVATE LIMITED [Active] CIN = U70100MH2008PTC213273
Company & Directors' Information:- INDIA TIMES PRIVATE LIMITED [Strike Off] CIN = U22121DL1994PTC059013
Company & Directors' Information:- R S V GLOBAL LIMITED [Strike Off] CIN = U51909DL1994PLC059032
Company & Directors' Information:- N B GLOBAL (INDIA) PRIVATE LIMITED [Active] CIN = U15122UP2012PTC051614
Company & Directors' Information:- TIMES A & M (INDIA) LIMITED [Amalgamated] CIN = U74899DL1998PLC094768
Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461
Company & Directors' Information:- G BROADCASTING PRIVATE LIMITED [Strike Off] CIN = U92100CH2015PTC035860
Company & Directors' Information:- A B S BROADCASTING LIMITED [Strike Off] CIN = U92110PB2002PLC025115
Company & Directors' Information:- A M GLOBAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC261061
Company & Directors' Information:- R AND J BROADCASTING PRIVATE LIMITED [Strike Off] CIN = U92132TN2006PTC060437
Company & Directors' Information:- L S A GLOBAL INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900TG2015PTC098308
Company & Directors' Information:- R L GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U52300HP2014PTC000764
Company & Directors' Information:- G R GLOBAL PRIVATE LIMITED [Active] CIN = U70102KA2013PTC069586
Company & Directors' Information:- H. E. GLOBAL PRIVATE LIMITED [Active] CIN = U72901GJ2016PTC092866
Company & Directors' Information:- TIMES PRIVATE LIMITED [Strike Off] CIN = U51909WB1965PTC026569
Company & Directors' Information:- B N GLOBAL PRIVATE LIMITED [Active] CIN = U15400PB2014PTC038543
Company & Directors' Information:- K V GLOBAL PRIVATE LIMITED [Active] CIN = U24100DL2014PTC263567
Company & Directors' Information:- GLOBAL CORPORATION LIMITED [Active] CIN = L74999DL1992PLC048880
Company & Directors' Information:- T & I GLOBAL LTD. [Active] CIN = L29130WB1991PLC050797
Company & Directors' Information:- K G GLOBAL PRIVATE LIMITED [Active] CIN = U74999DL2000PTC104788
Company & Directors' Information:- A. V. GLOBAL CORPORATION PRIVATE LIMITED [Active] CIN = U63090DL2007PTC159315
Company & Directors' Information:- J S BROADCASTING PRIVATE LIMITED [Active] CIN = U64200DL2011PTC219384
Company & Directors' Information:- A N GLOBAL LIMITED [Active] CIN = U92110MH1985PLC035269
Company & Directors' Information:- D S GLOBAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071516
Company & Directors' Information:- TIMES GLOBAL PRIVATE LIMITED [Active] CIN = U01403WB1995PTC131537
Company & Directors' Information:- A B C GLOBAL PRIVATE LIMITED [Active] CIN = U51909PB2011PTC035103
Company & Directors' Information:- C R BROADCASTING LIMITED [Active] CIN = U92120TG2012PLC083106
Company & Directors' Information:- I A T GLOBAL COMPANY PRIVATE LIMITED [Active] CIN = U24116DL1997PTC084916
Company & Directors' Information:- J D GLOBAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC091270
Company & Directors' Information:- B N G GLOBAL INDIA LIMITED [Active] CIN = U52590DL2011PLC225377
Company & Directors' Information:- N K COMPANY (GLOBAL) PRIVATE LIMITED [Active] CIN = U52390WB2010PTC153624
Company & Directors' Information:- K B K GLOBAL PRIVATE LIMITED [Active] CIN = U24296DL2016PTC290487
Company & Directors' Information:- M & D GLOBAL PRIVATE LIMITED [Active] CIN = U31101UP1974PTC003937
Company & Directors' Information:- V R GLOBAL PRIVATE LIMITED [Active] CIN = U45200WB2007PTC120797
Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911
Company & Directors' Information:- M M GLOBAL PRIVATE LIMITED [Strike Off] CIN = U29120WB1986PTC041280
Company & Directors' Information:- R V GLOBAL PRIVATE LIMITED [Active] CIN = U74990MH2009PTC195301
Company & Directors' Information:- M M C GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U11200MH2010PTC206910
Company & Directors' Information:- S R GLOBAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1997PTC084553
Company & Directors' Information:- H V GLOBAL PRIVATE LIMITED [Active] CIN = U18101DL2000PTC103960
Company & Directors' Information:- R P GLOBAL PRIVATE LIMITED [Strike Off] CIN = U74990MH2009PTC193409
Company & Directors' Information:- M S GLOBAL PRIVATE LIMITED [Active] CIN = U70100MH2008PTC213273
Company & Directors' Information:- INDIA TIMES PRIVATE LIMITED [Strike Off] CIN = U22121DL1994PTC059013
Company & Directors' Information:- R S V GLOBAL LIMITED [Strike Off] CIN = U51909DL1994PLC059032
Company & Directors' Information:- N B GLOBAL (INDIA) PRIVATE LIMITED [Active] CIN = U15122UP2012PTC051614
Company & Directors' Information:- TIMES A & M (INDIA) LIMITED [Amalgamated] CIN = U74899DL1998PLC094768
Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461
Company & Directors' Information:- G BROADCASTING PRIVATE LIMITED [Strike Off] CIN = U92100CH2015PTC035860
Company & Directors' Information:- A B S BROADCASTING LIMITED [Strike Off] CIN = U92110PB2002PLC025115
Company & Directors' Information:- A M GLOBAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC261061
Company & Directors' Information:- R AND J BROADCASTING PRIVATE LIMITED [Strike Off] CIN = U92132TN2006PTC060437
Company & Directors' Information:- L S A GLOBAL INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900TG2015PTC098308
Company & Directors' Information:- R L GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U52300HP2014PTC000764
Company & Directors' Information:- G R GLOBAL PRIVATE LIMITED [Active] CIN = U70102KA2013PTC069586
Company & Directors' Information:- H. E. GLOBAL PRIVATE LIMITED [Active] CIN = U72901GJ2016PTC092866
Company & Directors' Information:- TIMES PRIVATE LIMITED [Strike Off] CIN = U51909WB1965PTC026569
Writ Petition No. 3386 of 2018
Decided On, 06 December 2018
At, High Court of Judicature at Bombay
By, THE HONOURABLE MR. JUSTICE AKIL KURESHI & THE HONOURABLE MR. JUSTICE M.S. SANKLECHA
For the Appellant: Jehangir D. Mistry, Senior Advocate a/w Harsh M. Kapadia, Advocates. For the Respondent: Abhay Ahuja a/w P.A. Narayanan a/w Sangita Yadav, Advocates.
Judgment Text
Akil Kureshi, J.
The petitioner has challenged an order dated 15.10.2018 passed by Transfer Pricing Officer ("TPO" for short").
2. Contention of the learned counsel for the petitioner is that in such order, the TPO has computed arm's length price of specified domestic transaction though the same was not referred to him by the Assessing Officer in terms of subsection 1 of Section 92CA of the Income Tax Act, 1961 ("the Act" for short). Learned counsel submitted that in absence of any such reference, it was not open for the TPO to undertake the scrutiny with respect to said transaction. Our attention was drawn to sub-section (2A) of Section 92CA of the Act to contend that the jurisdiction of the TPO to examine any transaction which comes to his notice during the course of the proceedings though not referred to him under sub-section 1 is confined to an international transaction. In other words, said powers cannot be exercised in relation to a domestic transaction.
3. Learned counsel for the Department submitted that the reference to international transaction under sub-section (2A) of Section 92CA of the Customs Act would include even a domestic transaction and in any case, at this stage, when the Assessing Officer has not yet passed the final order of assessment and the petitioner would have further statutory remedies once such order is passed, Writ Petition should not be entertained.
4. We would like to examine the issue further after the respondents file the reply. A question of jurisdiction of TPO to examine any domestic transaction with respect to which no reference under sub-section 1 of Section 92CA of the Act has been made, arises in the present petition. The Assessing Officer as per sub-section 4 of Section 92CA of the Act is bound to pass an order in terms of the report of the TPO. We wonder whether the Assessing Officer can examine this grievance of the petitioner. We are of the prima facie opinion that if the TPO had no jurisdiction to examine ce
The petitioner has challenged an order dated 15.10.2018 passed by Transfer Pricing Officer ("TPO" for short").
2. Contention of the learned counsel for the petitioner is that in such order, the TPO has computed arm's length price of specified domestic transaction though the same was not referred to him by the Assessing Officer in terms of subsection 1 of Section 92CA of the Income Tax Act, 1961 ("the Act" for short). Learned counsel submitted that in absence of any such reference, it was not open for the TPO to undertake the scrutiny with respect to said transaction. Our attention was drawn to sub-section (2A) of Section 92CA of the Act to contend that the jurisdiction of the TPO to examine any transaction which comes to his notice during the course of the proceedings though not referred to him under sub-section 1 is confined to an international transaction. In other words, said powers cannot be exercised in relation to a domestic transaction.
3. Learned counsel for the Department submitted that the reference to international transaction under sub-section (2A) of Section 92CA of the Customs Act would include even a domestic transaction and in any case, at this stage, when the Assessing Officer has not yet passed the final order of assessment and the petitioner would have further statutory remedies once such order is passed, Writ Petition should not be entertained.
4. We would like to examine the issue further after the respondents file the reply. A question of jurisdiction of TPO to examine any domestic transaction with respect to which no reference under sub-section 1 of Section 92CA of the Act has been made, arises in the present petition. The Assessing Officer as per sub-section 4 of Section 92CA of the Act is bound to pass an order in terms of the report of the TPO. We wonder whether the Assessing Officer can examine this grievance of the petitioner. We are of the prima facie opinion that if the TPO had no jurisdiction to examine ce
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rtain transaction, relegating the petitioner to statutory remedies may not be justified. 5. S.O to 17th January, 2019. By way of ad-interim relief, the Assessing Officer is prevented from passing any further orders.