2013 (12) TMI 417 - HC - Income Tax

Reference to Transfer pricing officer - Held that - The petitioner has the remedy of an appeal against the order of assessment in which all issues, inter alia, including the addition made by the Transfer Pricing Officer in the return could be addressed to the Tribunal - In order to enable the petitioner to apply for a stay before the Tribunal, the Court direct that for a period of six weeks from today, no coercive steps shall be taken against the petitioner - Decided in favour of petitioner.

Summary

Issues: Challenge to order passed by Dispute Resolution Panel under Income-tax Act, 1961; Assessment order by Assessing Officer; Direction by Dispute Resolution Panel; Remedy of appeal against assessment order; Stay against coercive steps.

Analysis:
The judgment revolves around the challenge to an order passed by the Dispute Resolution Panel under the Income-tax Act, 1961. The Assessing Officer made a reference to the Transfer Pricing Officer under section 92CA, leading to the issuance of a draft order by the Assessing Officer, which was objected to by the petitioner. The Dispute Resolution Panel issued directions under section 144C(5) on September 30, 2011. Subsequently, the Assessing Officer passed an assessment order on October 17, 2011. The petitioner was granted the remedy of appealing against the assessment order to address all issues, including the addition made by the Transfer Pricing Officer, before the Tribunal.

Moreover, the judgment highlighted that no coercive steps shall be taken against the petitioner for a period of six weeks from the date of the judgment to allow the petitioner to apply for a stay before the Tribunal. If the petitioner moves the Tribunal for an appeal against the assessment order and applies for a stay, the Tribunal will assess the application on its own merits. The order of assessment was provided to the counsel representing the other party, and the petition was disposed of with no order as to costs.