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2009 (12) TMI 293 - HC - Income TaxInternational Transactions- The petitioner by means of this writ petition has challenged the order, passed by the Transfer Pricing Officer (TPO) under section 92CA(3) of the Income-tax Act, 1961 determining the arm's length price (ALP) in respect of international transaction for "representation services" on the ground that no proper opportunity was given to the petitioner and the petitioner was not confronted with the formula which is ultimately adopted by the Transfer Pricing Officer while fixing the ALP. On the basis of this order, the Assessing Officer has prepared a draft assessment order under section 144C of the Act proposing to incorporate in the assessment order the addition made by the Transfer Pricing Officer in the computation of ALP of "representation services" transaction. Held that- this was not a case where opportunity of hearing was not afforded to the petitioner before passing the order because the Transfer pricing officer had called upon the petitioner from time to time and asked the petitioner to furnish information and make submission in that behalf. After the draft assessment order was framed the petitioner had remedy to approach Dispute Resolution Penal. Thus the petition has dismissed
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