2014 (1) TMI 1272

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....as erred in passing order under section 143(3) read with section 144C of the Act. Appellant having withdrawn application before the Dispute Resolution Panel, the assessment order ought to have been passed u/s 143(3) of the Act.      2. While giving direction u/s 144C(5) of the Act, the Honourable Dispute Resolution Panel (DRP) has erred in directing the AO to pass the assessment order in consonance with the draft assessment order already framed. DRP ought to have permitted the assessee to withdraw the objections filed and directed the AO to pass the order u/s 143(3) of the Act.      3. Without prejudice to 1 above, the Honourable DRP has erred in not dealing with the objections filed by the Appe....

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....s expenses, ought to be allowed." 2. At the outset addressing to Ground No.1,2 & 3, it was submitted by Ld. A.R that before DRP the assessee has filed an application to withdraw the objection. However, DRP referring to the letter issued by CBDT has observed that the withdrawal of objection after filing the objections before DRP is not permissible. With these observations DRP has directed the AO to pass assessment order in consonance with the draft assessment order which was subject matter of objection before DRP. 3. It was submitted by Ld. AR that as DRP did not pass any order on merits on the objections filed by the assessee, the matter may be sent back to DRP with a direction to give an opportunity to the assessee to support its obj....