Hyundai Motor India Ltd. Vs Secretary, Income Tax Department (Madras High Court)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND

THE HON'BLE MR.JUSTICE M.S.RAMESH

W.A.No.1344 of 2017

M/s.Hyundai Motor India Ltd
Rep by Authorized Signatory T.Saravanan P.
No.H-1 SIPCOT Industrial Park
Irrungattukottai Sriperumbudur Taluk
Kanchipuram - 602 117 ... Appellant

Vs

1 The Secretary
Income Tax Department
Dispute Resolution Panel-2
7th Floor Income Tax Office BMTC Building
80 feet road Koramangala Bangalore

2 Joint Commissioner of Income-Tax Transfer Pricing officer 2(I/c) Room No.320 III Floor Main Building No.121 M.G.Road Nungambakkam Chennai-600034

3 Deputy Commissioner of Income-Tax Large Taxpayer Unit-II 1775 Jawaharlal Nehru Inner Ring Road Anna Nagar Western Extn. Chennai-600101 ... respondents Appeal filed under Clause 15 of the Letters Patent against the order in WP No. 2088/2017 dated 20/10/2017

For Appellant : Mr.Sathish Parasaran, Senior counsel,
for Mr.K.Magesh

For respondents : Ms.Hema Muralikrishnan,
Senior Standing Counsel

JUDGMENT
(Delivered by DR.VINEET KOTHARI, J.)
 
This Writ Appeal is directed against the order of the learned Single Judge dated 20.10.2017, dismissing the Writ Petition of the Appellant herein M/s.Hyndai Motors India Ltd., as premature, which was directed against the order of the Dispute Resolution Panel (“DRP”,for short) dated 13 December 2016, for the Assessment Year 2012-13.

2. The DRP had made certain directions for the guidance of the Transfer Pricing Officer (TPO) under section 144C(5) of the Act, which are binding on the TPO who makes the TP adjustments in theassessment relating to international transactions under the Chapter X of the Income Tax Act, especially enacted for these purposes.

3. The learned Single Judge has dismissed the Writ Petition aspremature finding that against the order of the learned TPO when passed in consequence of the directions given by the DRP, there is anappeal remedy available to the Assessee before the learned Tribunal and therefore, the questions of facts coupled with the questions of law sought to be raised before the DRP and before this court under the Writ Jurisdiction, can be first agitated before the learned Tribunal as well. Thereafter, the Assessee has further remedy by way of appeal to this court on the substantial questions of law arising from the order of the Tribunal under section 260A of the Income Tax Act. The relevant observations of the learned Single Judge in the impugned order dated 20 October 2017 are quoted below for ready reference:-

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