9911796707
TMI Blog2024 (1) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the final Assessment Order has been passed on 27.12.2022 in divergence to due date prescribed u/s 144C of the Income Tax Act, we hold that, the order passed by the Assessing Officer is barred by limitation, and hence, treated as void. The assessee vide letter dated 11.04.2022 has filed a letter before the Assessing Officer informing that the assessee has filed objections before the office of DRP-II on 06.04.2022 against the draft Assessment Order. This clearly proves that the assessee has filed objections before the DRP after the due date. Under such circumstances the AO should have carried the proceedings to finalize the Assessment Order as per the provisions of section 144C(4). - Sh. Challa Nagendra Prasad, Judicial Member And D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rportedly delivered at an incorrect and non-existential address is invalid, barred by limitation, bad in law and beyond jurisdiction for want of a proper and valid service to the Appellant, thereby vitiating the subsequent assessment/ reassessment proceedings. 5. On the facts and circumstances of the case in law, the Appellant ought to be provided with the copy of sanction obtained under section 151 of the Act prior to initiating the reassessment proceedings and other documents relied upon by the Ld. AO in the draft assessment thereby providing an opportunity to the Appellant to rebut the same before confirming the proposed addition under consideration. 6. On the facts and circumstances of the case in law, the addition by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit of Tax Deducted at Source (TDS) amounting to Rs. 2,89,34,481 in the final assessment order 13. On the facts and circumstances of the case and in law, the Ld. AO erred in levying interest under section 234A and 234B of the Act. 3. The draft of the Assessment Order, in this case, has been passed on 04.03.202. The assessee filed objections before ld. DRP on 06.04.2022, i.e., after the due date of the time allowed for filing of the objections before the ld. DRP. The due date for passing of the final Assessment Order was 31.05.2022. Since the final Assessment Order has been passed on 27.12.2022 in divergence to due date prescribed u/s 144C of the Income Tax Act, we hold that, the order passed by the Assessing Officer is barred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons under sub-section (2) expires. (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. (6) The Dispute Resolution Panel shall issue the directions referred to in sub-section (5), after considering the following, namely: (a) draft order; (b) objections 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standing anything to the contrary contained in section 153, 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. (14) The Board may make rules for the purposes of the efficient functioning of the Dispute Resolution Panel and expeditious disposal of the objections filed under sub-section (2) by the eligible assessee. (15) For the purposes of this section, (a) Dispute Resolution Panel means a collegium comprising of three Commissioners of Income-tax constituted by the Board for this purpose; (b) eligible assessee means, (i) any person in whose case the variation referred to in sub-section (1) arise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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