Revisional Power Fails Where TPO Order Was Never Passed

Red Hat India Private Limited Vs PCIT (ITAT Mumbai) Section 263 Cannot Revive a Non-Existent TPO Order: The Mumbai Bench of the ITAT quashed the section 263 revision order passed by the PCIT against Red Hat India Pvt. Ltd. (AY 2011-12), holding that revisional jurisdiction was without authority of law where the very foundation of revision was the alleged non-consideration of a non-existent Transfer Pricing Officer (TPO) order. The Tribunal noted that although the Assessing Officer (AO) had duly made a reference under section 92CA, the TPO admittedly never passed an order under section 92CA(3)....