2013 (1) TMI 921

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....bmits that the order passed by AO, being beyond the time limit prescribed u/s 144C of the Act, is not valid in law. 12. The Appellant, therefore, submits that the Assessment order may be annulled and that, the additions made may be deleted." 3. The A.R of the assessee has filed written arguments which reads as under: "1. Contention of the Appellant The appellant submits that the assessment order dated 15 June 2012 passed by the learned Assessing Officer ('AO') is time barred as the same is passed beyond the time limit prescribed in section 144C(4) of the Act. 2. Our submissions 2.1 Relevant provisions of section 144C of the Act reproduced below for ready reference. 2.1.1 Section 144C(2) of the Act On receipt of the draft ....

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.... reference, we have captured the facts of case before your honours alongwith timelines as prescribed under section 144C(2) of the Act and 144C(4) of the Act in the table below: Sr. No Event Date Time limit as prescribed in section 14C of the Act Remarks 1 Draft order passed by the AO Not Applicable Not Applicable   2 Draft order received by the appellant 2 January 2012 Not Applicable Not Applicable 3 Filing of objections by the Appellant with the DRP 13 February 2012 Within 30 days of the receipt of draft order (i.e 1 February 2012) Accordingly, there is a delay of 13 days in filing objection by the Appellant. In other words, the A.O had neither received acceptance of the draft order from the Appellan....

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....e assessee had filed its objections against the draft order with delay of 13 days and that there was no liberty with the DRP to condone such delay. After receipt of this order by the Assessing Officer, the Assessing Officer passed the assessment order on 15.6.2012 and hence, the order passed by the Assessing Officer was within the prescribed time u/s 144C(13) which provides that upon receipt of directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153 or 153B of the Act within one month from the end of the month in which such direction is received. Hence, it was the submission of the CIT/DR that the grounds of appeal ra....

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....efore the DRP by a delay of 13 days the assessee can still file its appeal belatedly before the CIT(A) on the ground that it was pursuing with the appeal before a wrong forum and there are orders of the Tribunal and Courts that such delay was condoned and the appeal was admitted for hearing. 7. We have heard the rival submissions and perused the orders of the lower authorities and materials available on record. In the instant case, the undisputed facts are that the draft assessment order was served upon the assessee on 2.1.2012. The assessee neither filed acceptance of the draft order nor filed any objection thereagainst within 30 days of the receipt of the draft order before the DRP and with the Assessing Officer. However, the assessee fi....