9911796707
TMI Blog2024 (10) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... passed on 04.03.2022, thus, the assessee was required to file its objections before the learned Dispute Resolution Panel (hereafter the DRP) within the period of one month from the said date. The assessee had filed such objection on 06.04.2022, which was beyond the period of thirty days stipulated under sub-section (2) of Section 144C of the Act. There is no cavil that the AO was required to pass the assessment order within a period of one month from the end of the month in which the period for filing the objections under sub-section (2) of Section 144C of the Act expired. Thus, the order was required to be passed within the period of one month from 30.04.2022. In the present case, the final assessment order was passed on 27.12.2022, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the ITAT) in ITA No.185/Del/2023 in respect of the assessment year 2013-14. 5. The ITAT had allowed the assessee's appeal against an order dated 27.12.2022 passed by the Assessing Officer (hereafter the AO) under Section 147 read with Section 144 of the Act. The ITAT concluded that the said order was beyond the period prescribed under Section 144C of the Act and therefore, was liable to be set aside. 6. It is relevant to refer to Section 144C of the Act, which reads as under:- "144C. Reference to dispute resolution panel.-- (1) The Assessing Officer shall, notwithstanding anything to the contrary contained in this Act, in the first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 144C of the Act within the period of one month from the end of the month in which the period for filing the objections under sub-section (2) of Section 144C of the Act expires. 8. In the present case, the draft assessment order was passed on 04.03.2022, thus, the assessee was required to file its objections before the learned Dispute Resolution Panel (hereafter the DRP) within the period of one month from the said date. The assessee had filed such objection on 06.04.2022, which was beyond the period of thirty days stipulated under sub-section (2) of Section 144C of the Act. 9. There is no cavil that the Assessing Officer was required to pass the assessment order within a period of one month from the end of the month in which the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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