TMI Blog2009 (12) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... spect without affording a personal hearing. It is further held that order of the Transfer Pricing Officer binding on the assessing authority the petitioner had a remedy under section 144C of the Act, with the Dispute Resolution Penal. The writ petition stands dismissed - 24623 of 2009 and 1 of 2009 - - - Dated:- 23-12-2009 - MRS. CHITRA VENKATARAMAN J. C. V. Rajan for the petitioner. K. Subramaniam for the respondents. JUDGMENT MRS. CH ITRA VENKATARAMAN J. The petitioner challenges the order under section 92CA(3) of the Income-tax Act, 1961 on the ground that the order passed is in violation of the provisions of the Act in not granting the personal hearing to the petitioner herein. 2. The petitioner is an asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be filed or before September 4, 2009. The petitioner sought for lime under letter d September 2, 2009 for a period of 15 days and on September 16, 2009 the petitioner submitted its clarification. However, on October 22, 2009, fie petitioner received the order now under challenge dated October 14, 2009. The petitioner states that the said order passed is in violation of the provisions of the Act and contrary to the decision reported in Moser Baer India Ltd. V. Addl. CIT [2009] 316 ITR 1 (Delhi). Hence,the present writ petition. 4. On notice, the respondents have filed a counter, wherein it is stated that the petitioner was granted time till September 15, 2009, on which date personal hearing on the issues raised was also notified to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present writ petition has to be allowed. 7 . Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents. 8. It is no doubt true that as per section 92CA of the Income-tax Act, when the assessee goes before the authority concerned on transfer pricing, an opportunity of personal hearing should be granted to the assessee As far as the present case is concerned, the notice dated August 25, 2009 was sent by the Transfer Pricing Officer intimating the date of personal hearing on September 4, 2009, on which date the petitioner was to file its reply. Admittedly the petitioner sought for an adjournment by 15 days. The petitioner was intimated that the case was posted on September ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner to avail of the remedy available under the Income-tax Act. There are no extraordinary Circumstances for this court to interfere with the proceedings. 10. As far as the present case is concerned, under normal circumstances, the limitation for passing the assessment order is December 31, 2003. Section 144C of the Act begins with the non obstante clause that notwithstanding anything to the contrary contained in the Act if the assessing authority proposes to make any variation in the income or loss returned which is prejudicial to the interest of such assessee on or after the October 1, 2009, at the first instance, the assessing authority shall forward a draft of the proposed order of assessment to the assessee. Sub-section (4) t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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