High Court affirming the order of the Tribunal has held that Transfer Pricing Officer is not empowered to hold transaction as sham transaction. SLP of Revenue is dismissed. However the questions of law with respect to the powers and jurisdiction of Transfer Pricing Officer are kept open for being considered in an appropriate case.
CIT v. IGE & CNCC (Joint Venture) (2024) 297 Taxman 293/461 ITR 266 (SC) Editorial : CIT v. IGE & CNCC (Joint Venture)(2015) 64 taxmann.com 484 (Hyd)(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-Transfer Pricing Officer is not empowered to hold transaction as sham transaction-The questions of law with respect to the powers and jurisdiction of Transfer Pricing Officer are kept open for being considered in an appropriate case. [S.92CA, Art. 136]