2013 (2) TMI 879 - HC - Income Tax

Summary

Issues involved:
The issues involved in the judgment are related to a writ petition concerning a demand raised by the respondent, the Tribunal's handling of the appeal, and the contention regarding remanding matters to the Transfer Pricing Officer based on guidelines from a Special Bench of the Income Tax Appellate Tribunal.

Writ Petition and Coercive Measures:
In the present case, the High Court renotified the matter and directed that the respondent shall not take any coercive measures against the petitioner in respect of the demand until the appeal before the Tribunal is disposed of. The Tribunal was expected to hear the appeal by a specified date, and both parties were instructed not to seek any adjournment before the Tribunal.

Remand to Transfer Pricing Officer:
The petitioner's counsel argued that the Tribunal has been remanding matters to the Transfer Pricing Officer for re-computation based on guidelines from a Special Bench of the Income Tax Appellate Tribunal. The respondent's counsel, however, contended that a remand might not be warranted. The High Court decided that the issue of remand is for the Tribunal to decide, and they refrained from making any comments on it. The matter was renotified for a future date, with the hope that the Tribunal would have disposed of the appeal by then.

Conclusion:
The High Court's judgment in this case involved renotifying the matter, directing the respondent not to take coercive measures, and leaving the decision on remand to the Transfer Pricing Officer to the Tribunal. The Court emphasized the importance of the Tribunal disposing of the appeal in a timely manner and instructed both parties not to seek adjournment.