TaxTMI 
TaxTMI 
TaxTMI 
2017 (2) TMI 585
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....of ld. Dispute Resolution Panel (herein referred as ''the DRP''). 2. Ld. Counsel for the assessee at the outset submitted that the impugned order dated was time barred and beyond time mentioned u/s.144C(13) of the Income Tax Act, 1961 (hereinafter referred as ''the Act''). 3. Recapitulating the events leading to this appeal, ld. Authorised Representative submitted that original assessment order dated 31.10.2012 of the ld. Assessing Officer pursuant to ld. DRP directions dated 18.05.2012 was a subject matter of appeal before Tribunal. As per ld. Authorised Representative, the Tribunal vide its order dated 22.05.2013 in ITA No.2325/Mds/2012 had setaside the directions of the ld. DRP and restored the matter back to them for passing a speakin....
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.... a giving effect order on 10.02.2015. As soon as the ld. Assessing Officer received the order of the ld. TPO he had passed final assessment order. According to ld. Departmental Representative, law never required a person to do what is impossible. Ld. Departmental Representative pointed out the directions of ld. DRP was exclusively for ld. TPO and Sec. 144C(13) of the Act had no application. In answer to the query from the bench, ld. Departmental Representative submitted that the directions of ld. DRP though given to ld. TPO, had to be construed as given to ld. Assessing Officer and at best it would only be a procedural lapse which was curable. According to him, assessee's ground that the order of the ld. Assessing Officer was time barred ne....
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....bove cited order, we set aside the order of the DRP and restore the matter back to its file to pass a speaking order stating all the objections of the assessee and disposing them by giving cogent reasons for adjudication of the objections of the assessee. Needless to mention that the DRP, before adjudicating the issues upon, shall allow reasonable and proper opportunity of hearing to the assessee. After receiving the order of the DRP, the Assessing Officer will again pass order u/s 144C(13) of the Act''. Two things are clear from the above order. One is that Tribunal had setaside the order of the ld. DRP and restored the matter back to its file for disposal afresh. Second is that Tribunal had directed the ld. Assessing Officer to pass an o....
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.... such directions, as it thinks fit, for the guidance of the Assessing Officer to enable him to complete the assessment''. A reading of the above show that, ld. DRP has power to give directions to the Assessing Officer only. 7. This brings us to the question how far Sub-section (13) of Sec. 144C of the Act will apply. Said section mandates the Assessing Officer to complete assessment within one month from the end of the month in which directions from ld. DRP are received by him. Subsection (13) of Sec. 144C is reproduced hereunder:- ''Upon receipt of the directions issued under subsection (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in Sec. 153 (or sectio....
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....issioner authorised by the Board to perform all or any of the functions of an Assessing Officer specified in sections 92C and 92D in respect of any person or class of persons''. A reading of the above, in our opinion clearly indicate that ld. TPO is not the same as Assessing Officer. No authorization from the Board has been placed on record which equates that the powers vested on TPO as similar to that of an Assessing Officer. Section 92CA of the Act clearly sets out the powers of TPO. He has to determine the Arms Length Price in relation to the international transactions. However, power of making the assessment remains with the Assessing Officer only. 9. Now coming to the argument of the ld. Departmental Representative that by virtue of....
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....he same was redirected. From the assessment order it appears that the assessment order was passed by the ACIT, Circle 1(1), Trivandrum. From the letter of the Assessing Officer dated 09.07.2014, it appears that the direction of DRP was mis-sent to ACIT, Kochi. No material is available on record to suggest that the direction of the DRP was sent to ACIT, Circle 1(1), Kochi, other than the letter of the Assessing Officer. Moreover, it is also not known when actually the ACIT, Circle 1(1), Kochi, received the direction of the DRP, and when it was redirected. Thus, for the purpose of a proceedings which come under the ambit Sec.144C of the Act, there can be no application of Sec.153 of the Act. 10. In the case before us, there is no direction....