Supreme Court - Daily Orders
Commissioner Of Income Tax Delhi-Ii vs Cargill Foods India Ltd. on 28 November, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
ITEM NO.21 COURT NO.8 SECTION IIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)....../2016
(CC No(s). 19007/2016)
(Arising out of impugned final judgment and order dated 19/02/2016
in ITA No. 157/2016 passed by the High Court Of Delhi At New Delhi)
COMMISSIONER OF INCOME TAX DELHI-II Petitioner(s)
VERSUS
CARGILL FOODS INDIA LTD. Respondent(s)
I.A. 1/2016(with c/delay in filing SLP)
Date : 28/11/2016 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. K. Radhakrishnan,Sr.Adv.
Mr. Atul Yeshwant Chitale,Sr.Adv.
Mr. Tara Chand Sharma,Adv.
Mr. Ritesh Kumar,Adv.
Mrs. Anil Katiyar,Adv.
Ms. Akansha Ghose,Adv.
For Respondent(s) Mr. Nageswar Rao,Adv.
Mr. Kishore Kunal,Adv.
Mr. Parth,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
On 24.10.2016, this Court passed the following order:-
“The learned counsel for the petitioner to get Signature Not Verified instruction as to whether comparable uncontrolled Digitally signed by NARENDRA PRASAD Date: 2016.12.05 price method (CUP) is accepted by Transfer Pricing 13:14:51 IST Reason:
Officer in subsequent assessment years by accepting quotation for benchmarking international transaction.
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Post after four weeks.” Today, Mr. K. Radhakrishnan, learned senior counsel, appearing for the Revenue has brought to our notice that in the subsequent years the comparable uncontrolled price method has been accepted by the Transfer Pricing Officer. Learned senior counsel, though sought for some time to file an affidavit as to whether the acceptance was after accepting quotations, we do not find any need for the same before this Court since for the subsequent years from 2007-08 onwards the same has been accepted. If there is some irregularity on the part of any of the officers, it is for the Revenue to take appropriate action.
The special leave petition is dismissed. However, the question of law is kept open. Pending applications, if any, stand disposed of.
(NARENDRA PRASAD) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR