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2021 (6) TMI 870 - HC - Income TaxReopening of assessment - alternate remedy - TP Adjustment - Arm’s Length Price (ALP) towards Corporate Service Fee was considered as “Nil” - downward adjustment towards corporate support service fees - HELD THAT:- Payments made during each of the assessment year may differ. Therefore, the orders passed by the Tribunal in respect of reference made against an order passed under Section 92C(A) for a particular assessment year is not binding for the subsequent assessment years. The decision of the Supreme Court in Union of India vs. Kamalakshi Finance Corporation Ltd., [1991 (9) TMI 72 - SUPREME COURT] cannot be quoted as an authority to quash the impugned order of the 1st respondent. There the order of the Assistant Collector’s was set aside by the Appellate Collector and the matter was remitted back to the Assistant Collector to pass a speaking order. Instead of following the said order of the Appellate Collector, there the Assistant Collector reiterated the order which had been set aside. It was in that context the decision of the Hon’ble Supreme Court made the above observations. In this case, the assessment years are different and the transactions are different and the nature of payments are different. During the assessment year 2013-14 the issue was pertaining to certain payments made to the associated enterprises alone. Whereas the impugned order there are indications that there are adjustments of payments made for the services received and services provided to the associated enterprises. Therefore, it cannot be said that the said order of the Tribunal was binding for the assessment year in question. That apart, the challenge to the impugned order is premature. The petitioner has options under the Act to approach the Dispute Resolution Panel and if such was orders are passed the order, liberty is always available by way of statutory appeal before the income tax appellate Tribunal. Whether the High Court was justified in interfering with the order passed by the Assessing Authority under Section 148 of the Act in exercise of its jurisdiction under Article 226 when an equally efficacious alternate remedy was available to the assessee under the Act? - When in a fiscal statute, hierarchy of remedy of appeals are provided, the party has to exhaust them instead of seeking relief by invoking the jurisdiction of this Court under Article 226 of the Constitution of India and as held in Commissioner of Income Tax and Others vs. Chhabil Dass Agarwal [2013 (8) TMI 458 - SUPREME COURT] the Court will have to take into consideration of the legislative intent enunciated in the enactment in such cases. It is not as if the alternative remedy is neither efficacious nor effective”. Thus we are not convinced with the present writ petition. Accordingly, this writ petition is dismissed.
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