Monday, December 27, 2010

Delhi HC: DRP must give “cogent and germane reasons” in support of s. 144C directions

In response to writ filed by Vodafone Essar Ltd. against the order of Dispute Resolution Panel ('DRP'), Hon'ble High Court of Delhi has observed that when a quasi judicial authority (like the DRP) deals with an issue, it is obligatory on its part to ascribe cogent and germane reasons as the same is the heart and soul of the matter. And further, the same also facilitates appreciation when the order is called in question before the superior forum.

The important thing which can bring smile on the face of the taxpayer is that the learned counsel for the revenue conceded that the directions given by DRP to the AO “deserved to be quashed”.

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Gaurav Garg
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JGarg Economic Advisors
New Delhi, India

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