Control Risks India (P.) Ltd v. Dy.CIT (2019) 107 taxmann.com 82 / 264 Taxman 292 (Delhi)(HC) Editorial: SLP of revenue is dismissed, DCIT v. Control Risks India (P.) Ltd. (2019) 264 Taxman 291 (SC)

S. 92CA : Reference to transfer pricing officer–It is incumbent upon Assessing Officer to pass a draft assessment order under S. 144C of the Act. [S. 92CA(3), 144C]

Assessee is engaged in business of providing risk consultancy services. TPO proposed certain addition to assessee’s ALP, thereafter, instead of passing a draft assessment order, Assessing Officer passed a final assessment order. On writ the Court held that consequent upon an order of TPO under section 92CA(3), it is incumbent upon AO to pass a draft assessment order under S. 144C. AO  over looked aforesaid legal position and proceeded to pass a final assessment order, thereby depriving assessee of an opportunity of questioning draft assessment order under S. 144C before DRP. Accordingly the order was quashed.  (AY. 2011-12)