2008 (10) TMI 376

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.... Rule, returnable forthwith. Heard finally by consent of the parties. 2. By this petition, the petitioner challenges order dated 7-3-2008 passed under section 92CA(3) by the Transfer Pricing Officer - I(4), Mumbai determining the transfer price and directing the assessment officer to make addition of Rs. 362,29,41,000 in the income of the petitioner. The grievance of the petitioner against that....

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....common ground that personal hearing was not given and the petitioner was also not permitted to file additional reply and produce additional documents. 4. After hearing the matter on last occasion, we had asked the learned counsel for the respondents to take instructions whether in this view of the matter, the matter can be reheard by the authority. The learned counsel for the respondents, after....

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....e petitioner should be given an opportunity to file additional reply and raise contentions that may be available to him in law. If the law permits the petitioner to change his stand, in our opinion, neither the department nor this Court would be justified in denying the petitioner an opportunity to change his stand. Any contention that the petitioner may raise have to be dealt with in accordance w....