AI Drafter 
TaxTMI 
TaxTMI 
2019 (1) TMI 597
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....ys and 25 days respectively are condoned as the applications are not opposed by the counsel for the respondent. Applications are allowed. ITA 1307/2018 This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 in the case of NT Back Office Services Pvt. Ltd (earlier known as Globerian India Pvt. Ltd.) arises from the order dated 22.02.2018 passed by the Income Tax Appellate Tribunal ('Tribunal', for short) and relates to Assessment Year 2007-08. 2. The impugned order annuls the Assessment Order dated 28.03.2014 passed by the Assessing Officer for failure to follow the procedure prescribed under Section 144C of the Act. The Tribunal has relied and followed decision of this High Court in JCB vs. Deputy Commissioner of....
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....ues which are common for the year under consideration also, to the file of the AO to be decided afresh on affording a reasonable opportunity of hearing to the assessee. The decision of the AO on these issues for the* assessment year 2006-07, would obviously have a direct bearing on the decision of these issues for the year under consideration, as well. 9. So far as regards the issue of difference in arms length price, for the assessment year 2006-07, the matter is remitted to the AO, the DRP has approved the draft assessment order considering the various submissions made by the assessee and their validity. Herein also, similar is the position though for the year under consideration, the objections of the assessee*were rejected for want o....
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....rd a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which is prejudicial to the interest of such assessee. (2) On receipt of the draft order, the eligible assessee shall, within thirty days of the receipt by him of the draft order,- (a) file his acceptance of the variations to the Assessing Officer; or (b) file his objections, if any, to such variation with,- (i) the Dispute Resolution Panel; and (ii) the Assessing Officer. (3) The Assessing Officer shall complete the assessment on the basis of the draft order, i....
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....e final order is passed. When an assessee does not file objections against the draft assessment order, final order is passed without any fresh hearing. The final order passed by the Assessing Officer in such cases would be identical to the draft assessment order without any modification or changes. 7. Sub-Sections (5) to (14) to Section 144C of the Act read;- (5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section (2), issue such directions, as it thinks fit, for the guidance of the Assessing Officer to enable him to complete the assessment. (6) The Dispute Resolution Panel shall issue the directions referred to in sub-section (5), after considering the following, namely:- ....
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....he opinion of the majority of the members. (10) Every direction issued by the Dispute Resolution Panel shall be binding on the Assessing Officer. (11) No direction under sub-section (5) shall be issued unless an opportunity of being heard is given to the assessee and the Assessing Officer on such directions which are prejudicial to the interest of the assessee or the interest of the revenue, respectively. (12) No direction under sub-section (5) shall be issued after nine months from the end of the month in which the draft order is forwarded to the eligible assessee. (13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything ....
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....e opportunity to the assessee. Accordingly, I have been directed to inform you to complete the assessment as per the said direction of Ld. ITAT. As regards, the DRP direction for the assessment year 2006-07. No assessment can be directed." Clearly, the DRP was of the opinion that the Assessing Officer would have to pass the draft assessment order afresh and follow the procedure under Section 144C of the Act. 9. We are surprised that the Assessing Officer did not follow the procedure inspite of the opinion given by the DRP vide letter dated 11.02.2014. 10. Revenue has accepted the order dated 15.03.2012 remanding the case to the file of the Assessing Officer for fresh assessment after affording an opportunity of hearing to the as....