2025 (7) TMI 906

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tioner Through: Mr. Manuj Sabharwal, Mr. Drona Negi & Mr. Devvrat Tiwari, Advocates. For the Respondents Through: Mr. Sanjeev Menon, JSC, Mr. Rahul Singh, JSC & Mr. Gaurav Kumar, Advocate. ORDER VIBHU BAKHRU, J. (ORAL) CM APPL. 20781/2025 1. For the reasons stated in the Application, the same is allowed and the amended Memo of Parties is taken on record. 2. The Application stands....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Petitioner's return was picked up for scrutiny and a notice under Section 143(2) of the Act was issued on 16.09.2008. Thereafter, on 11.10.2010, a reference was made to the Transfer Pricing Officer [TPO]. By an order dated 11.10.2010, the learned TPO made an upward adjustment of Rs. 2,48,74,395/- on account of determining the Arm's Length Price [ALP] higher than the value of foreign transactions....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....elhi". 8. The aforesaid Appeal was allowed by an order dated 20.07.2012. The learned ITAT faulted the final assessment order on the ground that it was passed in violation of principles of natural justice. The learned ITAT held that it was necessary that the Petitioner be provided with all the information obtained during the course of the assessment proceedings to enable the Petitioner to respon....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sed by the learned ITAT. 11. Undisputedly, the time for passing an assessment order has since elapsed and, therefore, any further proceedings before the AO in respect of AY 2007-08 pursuant to the order dated 20.07.2012 passed by the learned ITAT would now be barred by limitation. 12. Concededly, this issue is covered by the earlier decision of this Court in Nokia India (P) Ltd. v. Deputy Co....