2010-VIL-34-SC-DT

Equivalent Citation: [2011] 335 ITR 121

Supreme Court of India

8457 of 2010

Date: 01.10.2010

MARUTI SUZUKI INDIA LTD.

Vs

ADDITIONAL COMMISSIONER OF INCOME-TAX

BENCH

KAPADIA S. H., RADHAKRISHNAN K. S., SWATANTER KUMAR, JJ.

JUDGMENT

1. Leave granted.  

2. By consent, the matter is taken up for hearing.  

3. In this case, the High Court has remitted the matter to the Transfer Pricing Officer ("the TPO" for short) with liberty to issue fresh show-cause notice. The High Court has further directed the Transfer Pricing Officer to decide the matter in accordance with law. Further, on going through the impugned judgment of the High Court dated July 1, 2010, we find that the High Court has not merely set aside the original show-cause notice but it has made certain observations on the merits of the case and has given directions to the Transfer Pricing Officer, which virtually conclude the matter. In the circumstances, on that limited issue, we hereby direct the Transfer Pricing Officer, who, in the meantime, has already issued a show cause notice on September 16, 2010, to proceed with the matter in accordance with law uninfluenced by the observations/directions given by the High Court in the impugned judgment dated July 1, 2010.  

4. The Transfer Pricing Officer will decide this matter on or before December 31, 2010.  

5. The civil appeal is, accordingly, disposed of with no order as to costs.  

 

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