Ammann India (P.) Ltd. v. ACIT (2022) 192 ITD 680 / 93 ITR 49 (Ahd.)(Trib.)

S. 92BA : Transfer pricing-Specified domestic transactions-Interpretation-Omission of provision-Clause (i) of section 92BA being omitted by Finance Act, 2017 w.e.f. 1-4-2017 from statute, could not be made applicable in pending proceeding of assessee, and therefore, impugned order passed by TPO invoking such section 92BA(i) was without any basis and bad in law, thus, was liable to be quashed. [S. 40A(2)]

Assessee is engaged in business of manufacturing of construction equipments and components. During year, assessee had acquired assets and liabilities of two of its domestic AE upon making certain consideration. TPO treated said purchase of those two business undertaking under slump sale arrangement as Specified Domestic Transaction (SDT) under section 92BA(i) and accordingly made upward adjustments.   Assessee contended that since it had not made payment for any expenditure rather had just purchased an undertaking under slum sale arrangement, such purchase of undertaking was not covered under scope of SDT, specified under section 92BA(i) read with section 40A(2)(b).   On appeal it was contended that section 92BA(i) was deleted by Finance Act, 2017, with effect from 1-4-2017, and once deleted it had lost its existence and considered as a law never been existed. Tribunal held that where a provision is unconditionally omitted and in its place another dealing with same contingency is introduced without a saving clause in favour of pending proceedings, intention of legislature was that pending proceeding shall not continue but fresh proceedings for same purpose may be initiated under new provision., Clause (i) of section 92BA being omitted by Finance Act, 2017 with effect from 1-4-2017 from statute, could not be made applicable in pending proceeding of assessee and impugned order passed by TPO invoking such section 92BA(i) was without any basis and bad in law, thus, was liable to be quashed.  (AY. 2014-2015)