TMI Blog2009 (12) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 - 14079 of 2009 - - - Dated:- 22-12-2009 - SIKRI A. K. and MIDHA J. R. JJ. Piyush Kaushik for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er on the necessity of adopting the basis which is followed in the order dated October 23, 2009, has made an addition of Rs. 41,95, 484 (rupees fortyone lakh ninetyfive thousand four hundred and eightyfour), which according to the petitioner is not correct and in this manner the Transfer Pricing Officer has increased the price by almost 90 per cent. 4. Learned counsel for the petitioner has also relied upon the judgment of this court in the case of Moser Baer India Ltd. v. Addl. CIT [2009] 316 ITR 1 (Delhi), wherein it has been held that section 92CA(3) casts an obligation on the Transfer Pricing Officer (TPO) to afford a personal hearing to the petitioner before he proceeds to pass an order determining the arm's length price, in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons referred to in sub-section (5), after considering the following, namely:- (a) draft order; (b) objections filed by the assessee; (c) evidence furnished by the assessee; (d) report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any other authority. (e) records relating to the draft order; (f) evidence collected by, or caused to be caused to be made by it; and (g) result of any enquiry made by, or caused to be made by, it." 6. Thus not only would the petitioner have opportunity to file objections, the evidence which is furnished by the assessee has also to be considered by the Dispute Resolution Panel before passing final orders. 7. The petitioner thus shall be entitled to raise all p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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