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TMI Blog2022 (9) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... ulated time. The assessing officer was required to pass order within 9 months from the end of the financial year in which the order was received by the Principal Commissioner of Income Tax i.e. 31st December 2018. Hence, the present order dated 15-03-2019 passed by Ld. DCIT is barred by limitation and hence liable to be set aside. Hence, the appeal of the assessee is allowed on the ground of jurisdiction. - ITA No. 710/Ahd/2019 - - - Dated:- 9-9-2022 - Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member For the Assessee : Shri Mukesh Patel, A.R. And Shri Jigar Patel, A.R. For the Revenue : Shri Atul Pandey, Sr. D.R. ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER :- This is an appeal filed by the assessee against the order of the ld. Deputy Commissioner of Income Tax, Circle-1(1)(2) Ahmedabad vide order dated 15/03/2019 passed for the assessment year 2009-10. 2. The assessee has taken the following Grounds of Appeal:- 1. That the Assessment Order passed by the learned Assessing Officer on 15/03/2019 is prima facie bad in law, as the same is barred by limitation. Keeping in view the clear and unambiguous provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranted to add, amend or alter any of the grounds at any time before the final hearing of the appeal. 3. The brief facts in relation to the case are that the assessee filed return of income on 25-09-2009 declaring Nil income after claiming deduction under Chapter-VI amounting to Rs. 46,42,60,703/-. Subsequently the assessment was completed u/s 143(3) r.w.s. 144C(13) of the Act on 23-01- 2014 wherein the following disallowances were made in the total income of the assessee: Sr. No. Addition/Disallowance Amount (In Rs.) 1 Upward adjustment by TPO 9,54,43,732/- 2 Disallowance u/s. 14A 12,17,51,000/- 3 Disallowance u/s. 40(a)(i) 18,18,96,302/- 4 Depreciation on rented property 1,66,628/- 4. Aggrieved by the disallowances, the assessee preferred appeal before ITAT and ITAT vide Order dated 03-03-2017 remitted the matter to the file of DRP for fresh adjudication, after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue, it would be beneficial to produce the relevant Statutory provisions for reference: Reference to dispute resolution panel. 144C .. (5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section (2), issue such directions, as it thinks fit, for the guidance of the Assessing Officer to enable him to complete the assessment. . (12) No direction under sub-section (5) shall be issued after nine months from the end of the month in which the draft order is forwarded to the eligible assessee. (13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction is received. Time limit for completion of assessment, reassessment and recomputation. 153. (3) Notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment[or fresh order under section 92CA , as the case may be, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating to section 92CA and are interdependent and overlapping and hence, period of limitation prescribed under section 153(2A) or 153(3) is applicable and when matters are remanded back irrespective of whether it is to Assessing Officer or TPO or DRP, duty is on Assessing Officer to pass orders. The High Court held that even in case of remand, TPO/DRP have to follow time limits as provided under Act and entire proceedings including hearing and directions have to be issued by DRP within 9 months as contemplated under section 144C(12) and thereafter, Assessing Officer is to pass orders within stipulated time. While passing the order, the High Court observed as under: 21. As held above, the assessment has to be concluded within 21 months when there is no reference and when there is a reference, it has to be concluded within 33 months. In the additional 12 months, the draft order is to be passed, the objections have to be filed, the DRP has to issue the directions and the final order is to be passed . The provisions under section 144C and section 153 are not mutually exclusive as both contain provisions relating to Section 92CA and are inter-dependant and overlapping. On reman ..... X X X X Extracts X X X X X X X X Extracts X X X X
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