9911796707
TMI Blog2015 (3) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... reciating the scope and content of the three agreements, forming the basis of the Dispute Resolution Panel (DRP) exercise in the circumstance of the case. 2. In view of the final order that we propose to make today, the facts are not discussed in detail. The assessee engages in supplying services as offshore Indian companies which were sought to bebrought to tax. The AO, for the assessment year (AY) 2010-11 considered the scope and merits of three agreements. Reassessment notice was issued for AY 2007-08 and 2009-10 on 26.3.2013. Subsequently, on 28.3.2013 draft assessment orders were made by the AO in respect of the pending assessment, i.e. AY 2010-11. The objections were filed before the DRP which made its directions on 30.10.2013. The f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the entirety of factual matrix and would be going into the contents of each of the six contracts - though for other years - 2007-08, 2009-10 and 2011-12, it would be in the fitness of things that the matter is remitted to the ITAT rather than to the AO. It is urged that the ITAT, in the order impugned in this case went into the contentions urged, but after noticing in para 15 that the decision of the DRP was cryptic, directed a remand to the AO, who virtually would be re-examining the matter. It is contended that in these circumstances considering that the effect of all contracts is before the ITAT, this Court should direct the matter to be considered and decided by the ITAT rather than AO. Counsel for the revenue urged that the assessee's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... content of six contracts and that since the draft assessment was confirmed in three of those, if something emerges from his scrutiny that could be a subject matter of the DRP. 6. This Court notices at the outset that in the present case, whilst framing the initial draft assessment order on 28.3.2013, the assessing officer deemed it expedient to confine the scrutiny to a certain subject matter. Finally the assessment order was made after taking into account the order of the DRP which was naturally determined in turn by the reference in the draft assessment order. Thereafter, the DRP issued notices under Section 263 and made his final order on 29.8.2014. Even at this stage, the DRP did not deem it expedient to enlarge the scope of the scruti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
