2024 (2) TMI 1485

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.... THE PETITIONER: SRI. M LAVA, ANNAMALAI S & SRI.M.LAVA., ADVOCATES FOR THE RESPONDENTS: SRI. Y.V.RAVIRAJ & SRI.M DILIP., ADVOCATES ORDER In this petition, petitioner is aggrieved by the impugned order passed by the respondent No.1 (Transfer Pricing Officer) - TPO under Section 92 CA of the Income Tax Act, 1961 dated 31.10.2018 and for other reliefs: "a) Issue a writ of Certiorari....

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....itioner submits that the respondent No.1 - TPO committed an error in passing the impugned order without considering or appreciating the relevant statutory provisions as well as the judgment of various High Courts as stated below: 1. Commissioner of Income Tax-3 vs M/s. Thyssen Krupp Industries India Pvt. Ltd., 381 IR 413 2. Commissioner of Income Tax vs Tara Jewels Exports Pvt. L....

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....nfirmed by the Apex Court would vitiate the impugned order which deserves to be set aside and the matter be remitted back to the respondent No.1 - TPO for reconsideration afresh in accordance with law. 5. Per contra, learned counsel for respondents would submit that there is no merit in the petition and same is liable to be dismissed. It is submitted that if sufficient opportunities were grante....

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....ation of the relevant statutory provisions and the judgments of various High Courts referred to supra, I deem it just and appropriate to set aside the impugned order and remit the matter back to the first respondent for reconsideration afresh in accordance with law. 8. In the result, I pass the following: ORDER (i) Petitioner is hereby allowed. (ii) Impugned order dated 31.....