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TMI Blog2010 (12) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... the outset of hearing ld. counsel of the assessee assailed that the Disputes Resolution Panel has not at all considered the assessee's submissions and passed a very laconic and non-speaking direction. The same reads as under:- "The assessee has filed objections to the draft assessment order on 5.1.2010 and the case was fixed by DRP for hearing on14th May, 2010. The case was represented by CA Rahul Mehta, Ram Sharma and Deepak Kapoor and Sri Anant Sardana. A further written submission was filed on26th May, 2010. The DRP, having considered their arguments and written submissions by the assessee and material on record, decides the matter as under:- 2. Arm's Length Price (ALP) u/s 92CA(3) As noticed from the order of the Transfer Pricing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-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 collected by, it; and (g) result of any enquiry made by, or caused to be made by, it. (7) The Dispute Resolution panel may, before issuing any directions referred to in sub-section (5), - (a) make such further enquiry, as it thinks fit; or (b) cause any further enquiry to be made by any income tax authority and report the result of the same to it. (8) The Dispute Resolution Panel ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DRP against the draft assessment order. But the DRP has brushed aside everything without even a whisper of the assessee's objections and the submissions of the assessee. Under the circumstances, in our opinion, the directions of the DRP are too laconic to be left uncommented. The directions given by the DRP almost tantamounts to supervising the Assessing Officer's draft order and in that sense it can be equated that appellate jurisdiction being exercised. We find thatHon'ble Apex Courtin the case M/sSaharaIndia(Farms) Vs. CIT & Anr. in [2008] 300 ITR 403 has held that even "an administrative order has to be consistent with the rules of natural justice". 6. Under the circumstances, we find that considerable cogency in the assessee's counse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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