Gujarat High Court Case Information System
Print
SCA/41/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 41 of 2011
=========================================================
PANKAJ
EXTRUSION LTD - Petitioner(s)
Versus
ASSISTANT
COMMISSIONER OF INCOME TAX (OSD) OR HIS SUCCESSOR & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
RK PATEL for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/01/2011
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE HARSHA DEVANI)
Mr.
R.K. Patel, learned advocate for the petitioner has invited
attention to order dated 29th
September, 2010 made by the Transfer Pricing Officer, which
indicates that no adjustment has been made to the arm’s length price
of the transactions. Attention is invited to sub-section [1] of
section 144C of the Income Tax Act, 1962 [the Act] to point out that
draft assessment can be made in relation to an eligible assessee.
Inviting attention to clause-[b] of sub-section [15] of section 144C
which defines “eligible assessee”, it is pointed out
that in case of the petitioner, since there is no variation, the
petitioner does not fall within the ambit of the said provision and
as such, the draft assessment order
made by the Assessing Officer is without jurisdiction as the same
does not fall within the purview of sub-section [1] of section 144C
of the Act.
In
the light of the submissions advanced by the learned advocate for
the petitioner, issue notice returnable on 7th
February, 2011. Ad-interim relief is granted in terms of
paragraph-III[B] of the petition.
Direct service is
permitted.
[HARSHA DEVANI, J.]
[H.B. ANTANI, J.]
pirzada/-
Top
