Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2013 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (6) TMI 251 - HC - Income TaxReassessment - notice u/s 148 based on report of the Transfer Pricing Officer - Held that:- The basis was already known and it is always the duty of the Assessing Officer to procure the relevant material which, if at all, to be put to the assessee before concluding the assessment, but that does not vitiate the reopening.Though the learned counsel for the appellant has placed reliance on the judgment of the Supreme Court in the case of Asst. CIT v. Dhariya Construction Co. [2010 (2) TMI 612 - Supreme Court of India], we find, that was a case where the Supreme Court took the view that the opinion of the DVO cannot itself be substituted that the opinion of the Assessing Officer, who has passed the order on escapement of income and in the present case, we find the opinion is formed by the Assessing Officer and the reference if at all to the Transfer Pricing Officer is later for confirming, etc. - Decided against the assessee.
|