VOLEX INTERCONNECT INDIA PRIVATE LIMITED Vs. DEPUTY COMMISSIONER OF INCOME TAX TRANSFER PRICING OFFICER

JUDGEMENT

(1.) These writ petitions are filed challenging the order dated 27.01.2017 passed by the first respondent giving effect to the order of the Income Tax Appellate Tribunal dated 24.08.2016 for the assessment years 2010-2011 & 2011-2012.

(2.) The petitioner was originally issued with orders of assessment and challenging such orders, the petitioner filed an appeal before the Dispute Resolution Panel, which in turn by order dated 24.12.2014 issued some directions to the Assessing Officer to consider the method for determination of arm's length price. Challenging the said decision, the Revenue filed an appeal before the Income Tax Appellate Tribunal. By an order dated 24.08.2016, the Tribunal remitted the matter back to the Assessing Officer for considering the issue in the light of the Judgment rendered by the Delhi High Court in ITA No.5097/Del/2011 in the case of M/s.Knorr Bremsc India Pvt. Ltd., Vs. ACIT. Consequent upon such remand, the first respondent passed the present impugned order.

(3.) According to the learned counsel for the petitioner, the first respondent has not applied the said decision of the Delhi High Court in the case of M/s.Knorr Bremsc India Pvt. Ltd., Vs. ACIT to the petitioner's case and therefore the giving effect order issued by the first respondent is not in accordance with the directions issued by the Tribunal. Therefore, the learned counsel sought interference of this Court, by exercising the jurisdiction under Article 226 of the Constitution of India. No doubt, the learned counsel also raised other points touching upon the merits of the matter.