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TMI Blog2011 (2) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... to in sub-section (1) of section 144C in whose case variation referred to in the said sub-section arises as a consequence of order of Transfer Pricing Officer passed under sub-section (3) of section 92CA. Petitioner cannot be stated to be an eligible assessee as defined in clause (b) of sub-section (15) of section 144C of the Act. Procedure for issuance of draft order calling for his objection and taking further steps as laid down under section 144C therefore, would not apply, petition is disposed of - Special Civil Application No. 41 of 2011 - - - Dated:- 21-2-2011 - Akil Kureshi, Sonia Gokani, JJ. R.K. Patel for the Petitioner Bhatt for the Respondent ORDER Akil Kureshi, J:- 1. Heard learned advocates for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il of such an opportunity on any ground, it may be open for him to do so, however, impugned communication should not be interfered with. 5. Short question that calls for consideration in the present petition is whether the petitioner is an "eligible assessee". 6. Section 144C provides for a detailed procedure to be followed in cases where any variation in income or loss returned which is prejudicial to the interest of an assessee occurs on account of reference made in section 92CA of the Act. Relevant portion of section 144C is reproduced here-in-below:- "144C. Reference to Dispute Resolution Panel:- (1) The Assessing Officer shall, notwithstanding anything to the contrary contained in this Act, in the first instance, forwar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is being made to the arm's length price of the transactions." (Emphasis supplied) 8. From the above, it is clear that for assessment year relevant for our purpose, on account of procedure undertaken in section 92CA of the Act, there was no variation in the income by virtue of order of Transfer Pricing Officer. That being the position, the petitioner cannot be stated to be an eligible assessee as defined in clause (b) of sub-section (15) of section 144C of the Act. Procedure for issuance of draft order calling for his objection and taking further steps as laid down under section 144C therefore, would not apply. 9. We are of the opinion that with above declaration, petition can be closed. 10. Counsel for the petitioner, however, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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