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| The Tax Publishers2020 TaxPub(DT) 1149 (Bang-Trib) INCOME TAX ACT, 1961
Section 144(5)
Directions passed by DRP under section 144C(5), as apparent were not speaking about what objections were raised by assessee and how same had been found to be not acceptable. DRP simply observed that TPO had given reasons for rejecting comparables and by AO in the draft order. Accordingly, matter was restored back to DRP to pass a detailed order stating all the objections of assessee and disposing them by giving a cogent and germane reason for adjudication of objections of assessee.
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Assessment - Validity of directions given by DRP - Non-speaking order passed without considering assessee's objections -
Assessee entered into transactions with Ae abroad DRP upheld rejection of certain companies sought to be included as comparables stating that TPO had given reason and justification in his order and reason given by TPO was justified.Held: Directions passed by DRP under section 144C(5), as apparent were not speaking about what objections were raised by assessee and how same had been found to be not acceptable. DRP simply observed that TPO had given reasons for rejecting comparables and by AO in the draft order. Accordingly, matter was restored back to DRP to pass a detailed order stating all the objections of assessee and disposing them by giving a cogent and germane reason for adjudication of objections of assessee.
REFERRED :
FAVOUR : Matter remanded.
A.Y. : 2011-2012
INCOME TAX ACT, 1961
Section 37(1)
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