2012 (7) TMI 181

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....R   PER R.P. TOLANI, J.M::   This is assessee's appeal against the order of ACIT, Circle-1(1), Gurgaon dated 31-10-2011 passed u/s 143(3)/r.w.s. 144C of the I.T. Act, 1961 (pursuant to DRP directions dated 10-08-2011), relating to A.Y. 2007- 08.   2. Assessee has raised as many as 17 grounds of appeal to challenge the determination of arms length price ("ALP") of the internationa....

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....information gathered for non public domain by using powers u/s 133(6). It is pertinent to note that this information is neither contained in the annual reports nor in the public domain data base and is not accessible to the appellant. It is further submitted that in many instances, information gathered by 133(6) notices was the appellant nor any opportunity was given to present its arguments. In o....

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....a Elxsi Ltd. (Seg.)   - Thirdware Solutions Ltd.   3.3. Ld. counsel thus contends that the TPO has gathered the information from non-public domain and contrary to methodology as prescribed by Rule 10B(2) Thus the comparability analysis arrived at by TPO is erroneous and untenable. It is vehemently argued that the T.P. adjustment may be deleted or alternatively the issue may be restored....

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....tion for comparability from the companies which are not in public domain. The information has been obtained by issuing notices u/s 133(6) and the gathered information is not supplied to assessee to enable it to meet the objections. The principle of natural justice enunciate that before proceeding to use some material against assessee, the same should be supplied and the issue should be decided aft....