2012 (4) TMI 259

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.... of assessee disputed validity of order of Dispute Resolution Panel (hereinafter referred as DRP) dt. 30th September, 2011 on two counts. Firstly that Constitution of DRP is contrary to principle of natural justice as one of the member of DRP is the Jurisdictional Commissioner of assessee. Ld. AR placed reliance on the decision of Hon'ble High Court of Uttarakhand dt. 21st July, 2011 in Civil Writ Petition No .1778 of 2010 (M/S) in the case of Hundai Heavy Industries Ltd. v. Union of India [2012] 341 ITR 203/[2011] 12 taxmann.com 309. Secondly, Ld. AR submitted that assessee filed objections before DRP on Transfer Pricing Officer's order dt. 29.10.2010 passed u/s. 92CA(3) of I.T. Act suggesting Arm Length Price (ALP) adjustment but DRP disp....

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....ring, Ld. AR filed copy of notification No. 500/15/2011.FT&TR-1 dt. 1st September,2011 constituting the DRP comprising of the members named hereinabove. It is not in dispute that Mrs. S. Bhattasli is the Jurisdictional Commissioner of assessee. We observe that in the case of Hyundai Heavy Industries (supra), a Writ Petition was filed before Hon'ble High Court of Uttarkhand, Nainital objecting the constitution of members in which one of the member was the Jurisdictional Commissioner of assessee. The Hon'ble High Court, though dismissed Writ Petition of assessee vide its order dt. 21.7.2011 had observed as under: " ......Before parting, in order to ensure that no person should think that there is a real likelihood of bias on the part of th....

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....r and therefore adjustments to the Arm's Length price proposed by TPO are bad in law. During the course of hearing, Ld. Authorised Representative of assessee took us to provisions of Sec. 144C of the Act, we find that sub-sec. (5) of Sec. 144C provides that if assessee files objection to the proposed order of assessment before DRP, DRP shall consider the objections and issue such directions as it thinks fit for the guidance of AO to enable him to complete assessment after considering the draft order, objections filed by assessee, evidence furnished by assessee, report if any of the AO, valuation officer or TPO or any other authority, records relating to draft order, evidence collected by or caused to be collected by it and also result of an....