While passing assessment order, pursuant to remand of matter by Tribunal regarding aspect of fresh arms length price of international transaction undertaken by assessee, procedure under section 144C regarding forwarding draft of proposed order of assessment was not followed by Assessing Officer. On writ allowing the petition the Court held that procedure under section 144C would have to be followed even where assessment proceedings were sought to be concluded only on certain aspect of matter afresh upon remand. Accordingly the assessment order is set aside. (AY. 2014-15)
Kennametal India Ltd. v. ACIT (2023)154 taxmann.com 439 / (2024) 336 CTR 483 (Karn) (HC)
S. 144C : Reference to dispute resolution panel-Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Appellate Tribunal-Matter is remanded. [S. 92C, 143(3), 254(1), Art. 226]