Bombay H.C :Writ Against DRP Not Allowed , Assessee told to Approach ITAT

High Court Of Bombay

Lionbridge Technologies (P.) Ltd. VS. DCIT

Section : 92CA, 144C

Dr. D. Y. Chandrachud And A.A. Sayed, Jj.

Writ Petition (L) No. 2309 Of 2011

October 21, 2011

JUDGMENT

1. The challenge in these proceedings is to an order passed by the Dispute Resolution Panel on September 30, 2011. In the present case, a reference was made by the Assessing Officer to the Transfer Pricing Officer under section 92CA of the Income-tax Act, 1961. Following a determination by the Transfer Pricing Officer, the Assessing Officer issued a draft order to which the petitioner raised objections. The Dispute Resolution Panel issued directions under section 144C(5) by its impugned determination dated September 30, 2011. Following this, the Assessing Officer has passed an order of assessment on October 17, 2011, a copy of which has been produced by the learned counsel appearing on behalf of the Revenue during the course of the hearing. 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. We accordingly dispose of the petition by relegating the petitioner to the remedy of an appeal against the order of assessment. However, having regard to the facts and circumstances and in order to enable the petitioner to apply for a stay before the Tribunal, we direct that for a period of six weeks from today, no coercive steps shall be taken against the petitioner. In the event that the petitioner moves the Tribunal in an appeal against the order of assessment, and in the event an application for stay is made, the Tribunal will deal with the application on its own merits.

2. Copy of the order of the assessment has been handed over to the learned counsel appearing on behalf of the other side.

3. The petition is accordingly disposed of. No order as to costs.

[Citation : 358 ITR 599]