TMI Blog2016 (11) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the Assessing Officer to the TPO deserves to be quashed and set aside and the matter is required to be remanded to the Assessing Officer to pass a speaking order while making a reference to the TPO. - SPECIAL CIVIL APPLICATION NO. 7720 of 2016 - - - Dated:- 16-11-2016 - MR. M.R. SHAH AND MR. B.N. KARIA, JJ. FOR THE PETITIONER : MR RK PATEL, ADVOCATE WITH DARSHAN R. PATEL, ADVOCATE FOR THE RESPONDENT : MR M R BHATT, ADVOCATE WITH MS MAUNA M BHATT, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1. Rule. Mrs. Mauna N. Bhatt, learned advocate waives service of notice of rule on behalf of the respondents. In the facts and circumstances of the case and with the consent of the learned advocates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10th March, 2016, has tried to oppose the objection by submitting that, in the present case, admittedly, the assessee though entered into specified domestic transactions but did not file the accountant's report under Section 92E, the Assessing Officer has rightly made a reference to the TPO. It is also submitted that, even in the reply to the notice dated 12.1.2016, the assessee specifically admitted that it entered into the transaction amounting to ₹ 3,59,80,168/as the transaction have been entered into with the relative. However, subsequently the assessee wants to back out from the same. 6. On the other hand, it is the case on behalf of the assessee that the aforesaid was a mistake on the part of the Chartered Accountant, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to the TPO (after considering the objection submitted by the petitioner assessee) that a question with respect to limitation may arise. 9. To the aforesaid, Mr. R. K. Patel, learned advocate appearing on behalf of the petitioner assessee has stated at the Bar that, if the matter is remanded to the Assessing Officer for passing a fresh order while making a reference to the TPO (after considering the objection raised by the petitioner assessee) and thereafter the reference is made to the TPO, the petitioner assessee shall not raise issue/question with respect to limitation. 10. In view of the above and for the reasons stated above, on the aforesaid ground alone, the impugned reference made by the Assessing Officer to the TPO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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