2025 (5) TMI 442

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....STH For the Appellant : Mr. Deepak Chopra, Advocate and Mr. Ashish Sarda, Advocate. For the Respondent : Mr. Varun Issar, Sr. Standing Counsel ORDER SANJEEV PRAKASH SHARMA, J.(Oral) 1. The petitioner by way of instant petition assails the order of assessment dated 10.12.2018, passed under Section 143(3) of the Income Tax Act, 1961 (for short 'the Act, 1961'), for AY: 2008-2009. 2....

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....ce of matter to the dispute resolution panel. Learned counsel relies on the judgment passed by the Delhi High Court in the case of JCB India Ltd. & Ors. Deputy Commissioner of Income Tax & Ors [2017] 398 ITR 189 (Delhi), SLP (Civil) Diary No.7090/2018 dated 16.03.2018, passed by the Supreme Court affirming the judgment of the Delhi High Court and Exxon Mobil Company (P) Ltd. vs. Deputy Commissione....

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....ed order of assessment to the eligible assessee, if he proposed to make any variations which are prejudicial to the interest of such assessee. The eligible assessee has been defined under Section 144C(15) of the Act, 1961, which means any person in whose case the variation referred to in sub-section (1) arises as a consequence of the order of the TPO passed under sub-section (3) of Section 92-CA a....

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....mention that the assessee shall be provided sufficient opportunity of hearing." 8. Thus the matter was remanded to the TPO to pass a fresh order under Section 92C (3) of the Act, 1961. Once the order has been passed by the TPO in accordance with the provisions, the petitioner becomes the eligible assessee and would come within the framework of Section 144C of the Act, 1961 and the Assessing Off....