S.C : Where in a writ, question of jurisdiction had been disposed of by High Court but on special leave petition on going through papers, it was found that foundational facts were required to be established which could not have been done by way of writ petition

Supreme Court Of India

Coca Cola India Inc. vs. ACIT

Section : 260A

S. H. Kapadia C.J.I., K.S. Radhakrishnan And Swatanter Kumar, JJ.

SLP(C) No. 646 Of 2009

October 25, 2010

ORDER

1. The issue in this special leave petition concerns the application of the principle of transfer pricing. In the case of the assessee herein, notice was issued under section 148 of the Income-tax Act, 1961 (“Act”, for short) for some of the assessment years. On the question of jurisdiction, a writ petition was filed by the assessee, which has been disposed of by the High Court in the writ jurisdiction. However, on going through the papers, we find that foundational facts are required to be established which could not have been done by way of writ petition. For the aforestated reasons, we are of the view that the assessee should be relegated to adopt proceedings, which are pending, as of date, before various authorities under the Act. Enclosed herewith is the chart indicating the proceedings which are pending before various authorities under the Act.

2. We, accordingly, direct these authorities to expeditiously hear and dispose of pending proceedings as early as possible. If the petitioner-assessee herein is aggrieved by the orders passed by any of these authorities, it will have to exhaust the statutory remedy provided under the Act. We make it clear that each of the authorities will decide the matter uninfluenced by any of the observations made in the impugned judgment.

3. Accordingly, the special leave petition stands disposed of.

4. Stay order granted by this court stands vacated.

[Citation : 336 ITR 1]

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