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TMI Blog2023 (9) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2017 and served the same to the assessee on 21.12.2017. Therefore assessee has an option to challenge the final assessment order before the CIT(A) in accordance with law. Therefore no merits in the grounds raised by the assessee. The present appeal filed by the assessee is devoid of merits and against the provisions of section 144C (2)(b)(ii). Therefore the appeal filed by the Assessee is hereby dismissed. - Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member For the Assessee : None For the Revenue : Shri Shramde ep Sinha, Sr.D.R. ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the order dated 28.08.2018 passed by the Dispute Resolution Panel-2, Mumbai, as against the draft assessment order passed under section 143(3) r.w.s. 144 r.w.s. 144C(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) relating to the Assessment Year (A.Y) 2014- 15. 2. The solitary issue in this appeal is whether the DRP is right in dismissing the objection filed by the assessee which is beyond the period of 30 days as provided u/s. 144C(2)(b)(ii)of the Act? 3. The brief fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e could file its objection application before the A.O. on 21-12-2017 i.e. after expiry of 30 days. The assessee further pleaded that the company had discontinued its business activity during the financial year 2014-15 and all employees of the company had left the employment and there was not a single person to attend any tax or legal matters. When the assessee company was in acute financial crisis and the director of the company Mr. Sanjay Rai was also under the heavy mental depression due to the huge financial losses as well as serious personal family matters. Therefore the assessee pleaded to condone the delay in filing the objection before the DRP as well as before filing the copy of the same before the Assessing Officer as required u/s. 144C(2) of the Act. 4.1. The Ld. DRP considered the above submissions of the assessee and dismissed the objection observing as follows: .12. We have also considered the decision of Hon'ble ITAT Chennai Bench in the case of Allaya Jewel Industries Pvt. Ltd. (TS-243-ITAT-2018) (CHNY)-TP wherein the ITAT has categorically stated that DRP does not have authority to condone the delay in filing of objections as if granted, the same would r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the principles of natural justice. (6) Without prejudice to the above your appellant craves leave to add, amend, alter, vary or withdraw all or any of the grounds on or before the hearing of appeal. 7. Today is the 8th time of hearing of the above appeal, None appeared on behalf of the assessee in spite of service of notices to the assessee. It is seen from record, M/s. R.K. Doshi Co. LLP, Chartered Accountant who had filed their Letter of Authority, which was also withdrawn by them, vide letter dated 28.03.2023, informing that they could not contact the assessee and get instructions to proceed with the above appeal. It is thereafter the case was listed for hearing six times on various dates and notices was also served on the assessee. However none appeared in any of the occasions before this Tribunal, so therefore with the available material on record, we proceed to decide the case on merits exparte. 8. Ld. CIT-DR Shri Shramdeep Sinha appearing for the Revenue supported the order passed by the Ld. DRP and pleaded that there is no power available under the Act, for DRP to condone the delay in filing objections before it u/s. 144C(2) of the Act. Further as rightly held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the assessee ; (c) evidence furnished by the assessee ; (d) report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any other authority ; (e) records relating to the draft order ; (f) evidence collected by, or caused to be collected by, it ; and (g) result of any enquiry made by, or caused to be made by, it. (7) The Dispute Resolution Panel may, before issuing any directions referred to in sub-section (5),- (a) make such further enquiry, as it thinks fit ; or (b) clause any further enquiry to be made by any income-tax authority and report the result of the same to it. (8) The Dispute Resolution Panel may confirm, reduce or enhance the variations proposed in the draft order so, however, that it shall not set aside any proposed variation or issue any direction under subsection (5) for further enquiry and passing of the assessment order. (9) If the members of the Dispute Resolution Panel differ in opinion on any point, the point shall be decided according to the opinion of the majority of the members. (10) Every direction issued by the Dispute Resolution Panel shall be binding on the Assessing Officer. (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he has to comply with the two limbs namely (i) (ii) of the above sub-clause. Here these two limbs are joined with the term and which is a conjunctive term. Hence, if the assessee chooses to file his objection, such objections ought to have been filed both before the DRP as well as before the Assessing Officer within 30 days period. 9.2. Here in the present case, draft assessment order u/s. 144C(1) was passed by the Assessing Officer on 15.11.2017 and duly served on the assessee on 16.11.2017. The assessee chosen to file his objections against the draft assessment order, which ought to have been filed on 16.12.2017 being a (Saturday) and next working day being 18.12.2017 (Monday) as per section 4 of the Limitation Act, is the 30th day where the assessee ought to have filed his objection both before the DRP at Mumbai as well as before the Assessing Officer at Gandhidham. The assessee has filed his objection before the DRP on 18.12.2017. However filed the copy of the objection before the Assessing Officer on 21.12.2017 which is beyond the period of limitation as prescribed under sub-section (2) of section 144C of the Act. As the Assessing Officer is not intimated or filed th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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