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2018 Supreme(Bom) 1887

S.C.DHARMADHIKARI, B.P.COLABAWALLA
HDFC Bank Ltd. – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.D. Mistri Sr. Counsel a/w Mr. Madhur Agarwal i/b Mr. Atul Karsandas Jasani
For the Respondent: Mr. P.C. Chhotaray

JUDGMENT :

B.P. COLABAWALLA, J.

1. By this Petition, the Petitioner – bank seeks a writ of certiorari for quashing the impugned order dated 29th December, 2016 (Exh “F”) and the impugned reference dated 29th December, 2016. The impugned order dated 29th December, 2016 (Exh “F”) passed by Respondent No.1 holds that certain transactions entered into by the Petitioner are “Specified Domestic Transactions” (for short “SDTs”) as per section 92BA(i) of the Income Tax Act, 1961 (for short the “I.T. Act”) and the Arms Length Price (“ALP”) of the said transactions are required to be determined by making a reference to Respondent No.2. It is pursuant to this order that the reference dated 29th December, 2016 was made to Respondent No.2 under section 92CA(1) of the I.T. Act for determination of the ALP in the Petitioner's case for the Assessment Year (for short “A.Y.”) 2014-15. It is the case of the Petitioner that the impugned order as well as the impugned reference are ex-facie without jurisdiction, illegal, unsustainable, contrary to the principles of natural justice and contrary to law, and therefore, ought to be quashed and set aside by us in our writ jurisdiction. This is how the present













































































































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