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HC dismissed writ as assessee had alternative remedy of filing appeal before ITAT

October 17, 2020[2020] 120 235 (Madras)

INCOME TAX : Where writ petition filed by assessee against order of TPO passed in consequence of directions given by DRP was dismissed as premature on ground that there is an appeal remedy available to assessee before Tribunal, said order could not be interfered with and assessee is free to raise all objections before Assessing Officer and then before Tribunal in manner provided under law

• It was also held that a regular appeal on substantial question of law, under section 260A is provided in the Income-tax Act, 1961 and on those question of law, if at all they would arise from order of Tribunal, Assessee has a remedy even before High Court, and later before Supreme Court on regular appeal. This stream lined procedure, provided under Act should not normally be allowed to be breached in such cases where a deeper analysis of facts has to be done by authorities under Act up to Tribunal and a factual exercise had to be undertaken by them with regard to comparables, TP Adjustments and methods for making TP adjustments as prescribed in Rule 10B and Section 92C Prematurely pronouncing on these issues, definitely curtails discretion of Assessing Authorities in this regard and it is a self defeating exercise, which High Court in its Writ Jurisdiction should be reluctant to undertake.
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