Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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The case involves the validity of a final assessment order passed by the Assessing Officer (AO) u/s 144(C)(3) beyond the period of limitation. The Dispute Resolution Panel (DRP) plays a crucial role in deciding on objections raised by the assessee. The law mandates that the assessment order must be passed within one month from the end of the month in which the objections filing period expires. The DRP can confirm, reduce, or enhance the variations proposed in the draft order. In this case, the DRP rejected the objections as being time-barred, which effectively confirmed the draft order. However, this confirmation does not extend the limitation for passing the final order. As the DRP's directions were not communicated as required by law, the final order passed by the AO u/s 144C(13) was found to be without jurisdiction. Consequently, the appeals were allowed.
The case involves the validity of a final assessment order passed by the Assessing Officer (AO) u/s 144(C)(3) beyond the period of limitation. The Dispute Resolution Panel (DRP) plays a crucial role in deciding on objections raised by the assessee. The law mandates that the assessment order must be passed within one month from the end of the month in which the objections filing period expires. The DRP can confirm, reduce, or enhance the variations proposed in the draft order. In this case, the DRP rejected the objections as being time-barred, which effectively confirmed the draft order. However, this confirmation does not extend the limitation for passing the final order. As the DRP's directions were not communicated as required by law, the final order passed by the AO u/s 144C(13) was found to be without jurisdiction. Consequently, the appeals were allowed.
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