2017 (7) TMI 1077

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....ent : Mr. Zoheb Hossain, Sr. Standing Counsel. O R D E R 1. The challenge in this writ petition is to an order dated 11th May, 2017 passed by the Respondent, Deputy Commissioner of Income Tax, Circle 6 (2) (hereafter the Assessing Officer - 'AO') under Section 254/143(3) of the Income Tax Act, 1961 ('Act') read with Section 144C as well as the consequential notice of demand dated 11th May, 2....

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....e Transfer Pricing Officer ('TPO') recomputed the value of the transfer pricing adjustment by an order dated 14th January, 2016. This resulted in the final assessment order being passed by the AO on 29th January, 2016 under Section 143(3) read with Section 144C of the Act. 4. Thereafter, the matter was taken in appeal by the Assessee to the Income Tax Appellate Tribunal ('ITAT'). By an order da....

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.... explained by the Court in its decision in Turner International India Pvt. Ltd. Vs. DCIT, (2017) 82 Taxman.com 125 (Del). In the present case, clearly the AO overlooked the above legal position and proceeded to pass a final assessment order, thereby depriving the Assessee of an opportunity of questioning the draft assessment order under Section 144C of the Act before the DRP. 8. Consequently, t....