9911796707
TMI Blog2019 (8) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... H COURT] and Turner International India Private Limited v. DCIT [ 2017 (5) TMI 991 - DELHI HIGH COURT] and numerous other orders it has been explained time and again that once there is a clear order of setting aside of an assessment order with the requirement of the AO/TPO to undertake a fresh exercise of determining the arm s length price, the failure to pass a draft assessment order, would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The short question that arises for consideration is a question that has been answered numerous times by this Court in several judgments and yet keeps cropping up every now and then. 2. The question is whether without passing the draft order under Section 144 (C) of the Act the Assessing Officer can proceed straightway on the basis of the report of the Transfer Pricing Officer (TPO) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Section 292B of the Act as held by this Court in its decision dated 17th July, 2015 in ITA No. 275/2015 (Pr. Commissioner of Income Tax, Delhi-2, New Delhi v. Citi Financial Consumer Finance India Pvt. Ltd.) 4. Mr. Ajay Vohra, learned senior counsel for the Petitioner informs the Court that the Revenue s Special Leave Petition against the above order being SLP(C) No. 13715/2018 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aightway proceed to the stage of Dispute Resolution Panel was offered by the Department and it appears that counsel for the Petitioner too on instructions accepted the above offer in Court. 7. The Court is unable to accept the submission of the Petitioners that the aforementioned order dated 5th February, 2018 which appeared to have proceeded on a concession as laying down any principle o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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