PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. SHAHI EXPORTS PRIVATE LIMITED

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ITA - 207 / 2023HC Delhi11 April 20233 pages
For Petitioner: RUCHIR BHATIA
AI SummaryRemanded

What did the High Court hold?

The Delhi High Court has not yet decided the substantive issues of the appeal. The order primarily deals with the condonation of delay and lists the appeal for further hearing.

What were the facts?

The Revenue filed an appeal before the Delhi High Court against an ITAT judgment concerning AY 2016-2017. The appeal was filed with a delay of 201 days, for which condonation was sought.

What were the issues?

Whether Specified Domestic Transactions fall under the transfer pricing regime, and the correctness of deductions allowed by the ITAT regarding education cess and under Section 80(i)(a).

Which sections of the Income-tax Act were involved?

Section 92BA,Section 40(a)(ii),Section 80(i)(a)

AI-generated summary — verify with the full judgment below

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 207/2023

PR. COMMISSIONER OF INCOME TAX -CENTRAL -1

..... Appellant Through: Mr Ruchir Bhatia, Sr. Standing Counsel with Ms Priya Sarkar, Jr. Standing Counsel.

versus

SHAHI EXPORTS PRIVATE LIMITED

..... Respondent

Through: None.

CORAM:

HON'BLE MR JUSTICE RAJIV SHAKDHER

HON'BLE MS JUSTICE TARA VITASTA GANJU

O R D E R %

11.04.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 17033/2023 1. This is an application filed on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal. 1.1 According to the appellant/revenue, there is a delay of 201 days. 2. Issue notice to the non-applicant/respondent via all modes, including e-mail. 3. List the above-captioned application on 17.08.2023. ITA 207/2023 4. This appeal concerns Assessment Year (AY) 2016-2017. 5. The issue which arises for consideration is: whether Specified Domestic Transactions (SDT) come within the purview of the transfer pricing regime. ITA 207/2023

page 1 of 3 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:45:01

6.

The Income Tax Appellate Tribunal via the impugned judgment dated 17.01.2022 has taken the position, that since clause (i) of Section 92BA of the Income Tax Act, 1961 [in short, “the Act”] was removed from the statute without any saving clause, the entire proceedings carried out by the statutory authorities qua transfer pricing would collapse. 7. We may note, that Mr Ruchir Bhatia, learned senior standing counsel, who appears on behalf of the appellant/revenue, has pointed out that the insertion of Explanation 3 via Finance Act 2022 has been made with retrospective effect to Section 40(a)(ii) of the Act. Mr Bhatia says, that the said provision has been made retrospective with effect from 01.04.2005. 8. The second issue which arises for consideration is, whether the Tribunal was correct in allowing deduction qua education cess. In this regard, Mr Bhatia says that Explanation 3 as inserted by Finance Act, 2022 which is appended to Section 40a(ii) of the Act would be relevant. 9. The third issue which arises for consideration, according to Mr Bhatia, is the deduction which has been allowed by the Tribunal under Section 80(i)(a) of the Act. The Tribunal has directed the Assessing Officer to calculate the deduction, based on the rate charged by the concerned electricity board from its consumers. 10. Insofar as the first issue is concerned, Mr Bhatia says that this issue also arises in another appeal filed by the revenue i.e., ITA 164/2023 in which notice was issued on 20.03.2023, and made returnable on 17.08.2023. 11. Accordingly, list the captioned appeal on 17.08.2023. 12. The notice issued in the application for condonation of delay will be accompanied by the order passed today.

ITA 207/2023

page 2 of 3 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:45:01

13.

Mr Bhatia informs us, that insofar as the judgment of the Karnataka High Court in Texport Overseas Pvt. Ltd. [ITA 352/2018] is concerned, an appeal is pending in the Supreme Court. The judgment of the Karnataka High Court was rendered on 12.12.2019. 13.1 In case there is any decision of the Supreme Court qua the said judgment, the same will be placed before us, on the next date of hearing. 14. Counsel for the parties will file their written submissions, not exceeding three pages each, at least five days before the next date of hearing.

RAJIV SHAKDHER, J

TARA VITASTA GANJU, J

APRIL 11, 2023 / tr

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ITA 207/2023

page 3 of 3

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:45:01

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