1. Application of Transfer Pricing principle — Notice under Section 148 of Income Tax Act — Writ petition challenging jurisdiction. (Para 1 , 2 )
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SUPREME COURT OF INDIA
S.H. KAPADIA, CJI., K.S.P. RADHAKRISHNAN, SWATANTER KUMAR, JJ.
Coca Cola India INC – Petitioner
Versus
Additional Commissioner of Income Tax and Others – Respondents
S.L.P. (C) No. 646 of 2009
Decided On : 25-10-2010
1. Application of Transfer Pricing principle — Notice under Section 148 of Income Tax Act — Writ petition challenging jurisdiction. (Para 1 , 2 )
2. Foundational facts required to be established cannot be determined in writ proceedings. (Para 2 )
3. Where foundational facts are required, writ jurisdiction is not appropriate; assessee must pursue statutory remedies. (Para 2 , 3 )
4. Special leave petition disposed of — Stay vacated — Authorities directed to expedite pending proceedings. (Para 4 , 5 )
When foundational facts need to be established, writ jurisdiction is not appropriate; the assessee must pursue pending proceedings and exhaust statutory remedies. (Para 2 , 3 )
ORDER :
1. The issue in this special leave petition concerns the application of the principle of Transfer Pricing. In the case of assessee herein, Notice was issued under Section 148 of the Income Tax Act, 1961 [‘Act’ for short] for some of the Assessment Years. On the question of jurisdiction, a writ petition was filed by the assessee, which Rs. 2/- has been disposed of by the High Court in the writ jurisdiction.
2. However, on going through the papers, we find that foundational facts are required to be established which could not have been done by way of writ petition. For the afore-stated reasons, we are of the view that the assessee should be relegated to adopt proceedings, which are pending, as of date, before various Authorities under the Act. Enclosed herewith is the chart indicating the proceedings which are pending before various Authorities under the Act.
3. We, accordingly, direct these Authorities to expeditiously hear and dispose of pending proceedings as early as possible. If the petitioner-assessee herein is aggrieved by the orders passed by any of these Authorities, it will have to exhaust the statutory remedy provided under the Act. We make it clear that each of the Authorities will decide the matter uninfluenced by any of the observations made in the impugned judgment.
4. Accordingly, the special leave petition stands disposed of.
5. Stay order granted by this Court stands vacated.
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