2011 (2) TMI 1238

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....reshi, J:-   1. Heard learned advocates for the parties for final disposal.   2. Petitioner has challenged a communication dated 30-12-2010 which reads as under:-   "Please find enclosed herewith a draft assessment order under section 143(3) read with section 92CA(3) of the Income-tax Act in your case for the assessment year 2007-08. Please acknowledge the receipt thereof."....

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....gned communication, the petitioner raised no objection. He could have raised all objections including that he is not an eligible assessee and, therefore, procedure under section 144C would not apply. He further contended that opportunity available under section 144C is an additional opportunity of making representation against a draft order. If an assessee is not inclined to avail of such an oppor....

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.... (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which is prejudicial to the interest of such assessee.   15. For the purposes of this section,-   (b) "eligible assessee" means,-   (i) any person in whose case the variation refer....

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....ransactions in terms of section 92B of the Act between the assessee and its Associate Enterprise are given in Form 3CEB. Relevant details regarding international transactions were produced by the assessee and are kept on record. After discussion and based on records produced, no adjustment is being made to the arm's length price of the transactions." (Emphasis supplied)   8. From the ab....