Telangana High Court
ITTA/734/2014 of The Commissioner of Income Tax-I Vs M/s Air Liquie Engineering India Pvt Ltd on 31 December 2014
THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 734 of 2014 DATE: 31.12.2014 Between: The Commissioner of Income Tax-I, Hyderabad. … Appellant And M/s.Air Liquide Engineering India Pvt. Ltd., Hyderabad. … Respondent
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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 734 of 2014DATE: 31.12.2014
Between:The Commissioner of Income Tax-I,Hyderabad.
… Appellant
And
M/s.Air Liquide Engineering India Pvt. Ltd.,Hyderabad.
… Respondent
This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTAAND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 734 of 2014
Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
We dismiss this appeal as we find that the learned Tribunal hasfound that the Transfer Pricing Officer wanted to examine the businessand commercial expediency of the assessee in the matter of transferpricing. It is settled law business and commercial expediency cannotbe justiciable.
We therefore do not find any illegality or infirmity in the order ofthe learned Tribunal.
Consequently, pending miscellaneous petitions, if any, shallalso stand closed. No costs.
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K.J. SENGUPTA, CJ
Date: 31stDecember, 2014Pnb/gbs
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SANJAY KUMAR, J