Examining Validity of Rectificatory Jurisdiction by DRP in Shapoorji Pallonji Case
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- By Chetan Kulasri
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- Last Updated on 6 May, 2023
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Dr. Ajit Kumar Singh – [2023] 150 taxmann.com 64 (Article)
In a recent case, the Mumbai Bench of the tax tribunal, while quashing the rectification order passed by the Dispute Resolution Panel (DRP) came to hold that the scheme of Rule 13 of the Income-tax (Dispute Resolution Panel) Rules, 2009 does not visualize any rectification of mistake, by the DRP, on an application by the Transfer Pricing Officer (TPO) and that the application filed by the TPO before the DRP, irrespective of its nomenclature, was liable to be dismissed for this short reason itself.
This article aims at legally and jurisprudentially critiquing Shapoorji Pallonji in the light of the statutory provisions and case law developed on the subject.
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