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2014 (1) TMI 69 - AT - Income TaxPower to modify TPO’s order – Objection taken against draft order u/s 144C(2) of the Act – Held that:- DRP is fully empowered to "enhance the variations proposed in the draft order" - The natural corollary which follows is that so long as there is some variation proposed in the draft order, it is open to the DRP to enhance the amount of such variation, apart from confirming or reducing such variation - There can be no embargo on the power of the DRP, on a reference made by the assessee seeking relief against the proposed adjustment, to enhance the transfer pricing adjustment made by the A.O. pursuant to the TPO's order. One more opportunity be granted to the assessee since the process of collection of all the necessary documents stood completed by the assessee as of now was prayed - No serious objection was taken by the Departmental Representative - thus, order set aside and the matter remitted back to the DRP for giving an effective opportunity to the assessee – Decided in favour of Assessee.
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