ERICSSON AB Vs. ADDITIONAL DIRECTOR OF INCOME TAX

JUDGEMENT

(1.) By this writ petition preferred under Article 226 of the Constitution of India, the Petitioner has prayed for issue of a writ of certiorari for quashment of the draft assessment dated 31st December, 2010 passed under Section 144C(1) of the Income Tax Act, 1961 (for brevity, the Act) for assessment year 2007-08. Mr. S. Ganesh, learned senior counsel criticizing the said order has raised two-fold contentions:

(2.) Mr. Anupam Tripathi, learned Counsel appearing for the Revenue submitted that the Petitioner can file objection before the Assessing Officer as well as the Dispute Resolution Panel raising the said issue as postulated under Section 144C(2) and (5) so that the said authority, namely, Dispute Resolution Panel can advert to the same in proper perspective. It is contended by him that a complete proposal has been prescribed by the legislature to deal with such a situation and, therefore, it would be advisable in the facts and circumstances that the Assessee must take recourse to the said remedy in spite of assailing the same in a writ petition.

(3.) To appreciate the rivalised submissions at Bar, we have carefully perused the scheme enshrined under Section 92C, 92CA(4) and Section 144C of the Act in entirety. Section 144C(2) to (7) read as follows: