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2012 (4) TMI 653

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..... objections, if any. The absence of doing so leads to violation of fundamental principle of natural justice. In view thereof, the matter is restored to the file of the AO with a direction to supply whatsoever information he wants to use against the assessee to it, grant it reasonable opportunity of being heard and thereafter pass a fresh assessment order as per law. - ITA No. 5693(Del)/2011 - - - .....

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..... proved under Software Technology Park System. Pursuant to the order of the High Court of Allahabad, dated 06.09.2007, the company, which earlier had the name of Adobe Software India Pvt. Ltd. has merged with Adobe Systems Pvt. Ltd. with effect from 01.04.2006. 2. The assessee had conducted transfer pricing analysis in respect of its international transactions. Therefore, the AO referred the m .....

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..... upon these directions the income was enhanced by two sums of ₹ 9,91,59,105/- and ₹ 1,21,42,861/-. Aggrieved by this order the assessee has filed appeal before us. 3. The ld. counsel for the assessee submitted that the AO had obtained information u/s 133(6) which was used for carrying out comparability analysis. Such information was not available in public domain and it was not sha .....

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..... to the file of the AO for grant of such opportunity. In reply, the ld. CIT, DR fairly submitted that information obtained u/s 133(6) was used in the case of the assessee. It is also pointed out that such information may have become available in the public domain now. However, it was reiterated that the assessment order may be upheld. 4. We have considered the facts of the case and submissions .....

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