TOYOTA KIRLOSKAR MOTOR (P) LTD Vs. ADDITIONAL COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) In this writ petition, the Petitioner has sought quashing of the order dated 24-9-2010 produced at Annexure 'H' by contending that sufficient opportunity was not given to the Petitioner to put forth its case before the Additional Commissioner of Income Tax [Transfer Pricing]-II, Bangalore-Respondent No. 2 herein.

(2.) According to the Petitioner, the second Respondent issued a notice dated 15-2-2008 calling upon it to produce certain documents relating to transactions with associate enterprises during the financial year 2006-07, which were required to be furnished by 3-3-2008 and that the requisite documents were produced. Subsequently, notice dated 15-2-2010 was sent to the Petitioner seeking various additional documents and information from the Petitioner, which was to be complied by 3-3-2010.

(3.) According to the Petitioner, the documents required were voluminous and since it was engaged in finalisation of the accounts for the year ending 31-3-2010. A letter was addressed to second Respondent on 2-3-2010 seeking extension of time till the end of April, 2010 to provide the documents sought by the second Respondent. The letter was acknowledged by the second Respondent and time was extended till 10-3-2010 only. However, on 10-3-2003, a representation was submitted by the Petitioner stating that substantial number of documents were to be produced and that the Company's officials were engaged in audit work and therefore extension of time and accommodation till the end of April 2010 was sought.