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2012 (9) TMI 45 - AT - Income TaxTransfer pricing adjustment - addition to income as against Nil declared by assessee - Held that:- As Departmental Representative fairly submitted that information obtained u/s. 133(6) was used in the case of the assessee thus it is necessary that for such information is shared with the assessee and the assessee is granted sufficient opportunity to examine it and present the appropriate response. Thus any information obtained in the course of assessment proceedings has to be supplied to the assessee for its objection, if any. In the absence of doing so, it is a violation of fundamental principles of natural justice. Thus the matter is restored back to the file of the AO with the direction to supply whatsoever information used against the assessee and the assessee be granted a reasonable opportunity of being heard and thereafter pass a fresh assessment order, as per law - in favor of assessee for statistical purposes.
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