2011 (2) TMI 1231

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....e proceeding to frame the draft assess- ment order, has not kept in view the proviso to sub-section (3)(d) of sec- tion 92C of the Act, which is mandatory in view of the decision rendered by this court in Moser Baer India Ltd. v. Addl. CIT [2009] 316 ITR 1 (Delhi). (b) When the Transfer Pricing Officer had accepted the transfer pricing and had directed that no transfer pricing adjustment was required to be done, it was incumbent on the part of the Assessing Officer to follow the same in letter and spirit and that being binding on him as per the pro- visions contained in section 92CA(4) of the Act.   2. Mr. Anupam Tripathi, learned counsel appearing for the Revenue, sub- mitted that the petitioner can file objection before the Assessi....

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....r under sub-section (3) within one month from the end of the month in which,-   (a) the acceptance is received ; or   (b) the period of filing of objections under sub-section (2) expires.   (5) The Dispute Resolution Panel shall, in a case where any objec- tion is received under sub-section (2), issue such directions, as it thinks fit, for the guidance of the Assessing Officer to enable him to complete the assessment.   (6) The Dispute Resolution Panel shall issue the directions referred to in sub-section (5), after considering the following, namely :-   (a) draft order ; (b) objections filed by the assessee ;   (c) evidence furnished by the assessee ;   (d) report, if any, of the Assessing Officer....