Please click on the categories to the right to find what you are looking for. Click on this icon to download the file. You will need a PDF reader to view the files. You can download one for free from Foxit 1.8 MB or from Adobe 20MB.

(17.9 KiB, 741 DLs)

Download: vodafone_DRP.pdf


DRP must give “cogent and germane reasons” in support of s. 144C directions

 

The assessee filed a Writ Petition to challenge the order of the Dispute Resolution Panel (DRP) on the ground, inter alia, that the DRP had not given any reasons in support of its directions to the AO. Before the High Court, the DRP conceded that its order “deserved to be quashed”. HELD quashing the DRP’s order:

 

When a quasi judicial authority (like the DRP) deals with a lis, it is obligatory on its part to ascribe cogent and germane reasons as the same is the heart and soul of the matter. And further, the same also facilitates appreciation when the order is called in question before the superior forum.

 

See Also: GAP International Sourcing India Pvt. Ltd vs. DCIT (ITAT Delhi) (DRP must not pass “laconic” orders but must deal with assessee’s objections) & AIA Engineering vs. DRP (Guj HC)

Related Judgements

  1. AIA Engineering Ltd vs. Dispute Resolution Panel (Gujarat High Court) 

    The DRP’s order suffers from the vice of being contrary to the record as well as non-application of mind and causes immense prejudice to the assessee. The assessee had never sought withdrawal of the objections filed by it but had requested the DRP for consent to approach the AO…

  2. Vodafone Essar South vs. UOI (Bombay High Court) 

    We are clearly of the opinion that in the present case, the conduct of the D.R.I. officers is not only high handed but it is in gross abuse of the powers vested in them under the Customs Act. It is apparent that the D.R.I. officers in utter disregard to…

  3. Vodafone Essar Cellular vs. ACIT (Kerala High Court) 

    The argument that there is a “sale” of a Sim Card is not acceptable because a Sim Card has no value or use for the subscriber other than to get connection to the mobile network. The supply of the Sim Card is only for the purpose of rendering continued…

Leave a Reply


8 − five =