2022 (1) TMI 1160

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....15.11.2021 and notice at Annexure-C dated 15.11.2021 and for other reliefs. 2. Heard learned counsel for petitioner and learned counsel for respondents. 3. In addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioner, learned counsel for the petitioner invites my attention to the mandatory provisions of Section 144C of the Income Tax Act, 1961 (for short 'the I.T. Act') in order to point out that the statutory scheme underlying the said provision clearly indicates that under sub-section (2), after the draft Assessment Order dated 29.09.2021 was issued to the petitioner, the petitioner had two options viz., either to file his acceptance as provided under sub-sect....

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....No.1 - Assessing Officer has proceeded to pass the impugned assessment order dated 15.11.2021 without following the mandatory procedure prescribed in sub-sections (5) to (13) of Section 144C and without awaiting directions from the DRP as provided in the said provisions. It is also contended that by virtue of Government Notifications, circulars etc., as well as the orders passed by the Apex Court extending the period of limitation, the inability and omission, if any, on the part of the petitioner to file objections with the Assessing Officer ought to be condoned and a lenient view is to be taken and indulgence in this regard is to be shown in favour of the petitioner, particularly when the petitioners had filed their objections before the D....

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....rlier in addition to the DRP merits acceptance, particularly in view of the Government Orders, circulars etc. as well as the orders of the Apex Courts extending the period of limitation coupled with the intimation provided by the petitioner to the Assessing Officer as sought for by him prior to passing the Assessment Order. At any rate, the petitioner had chosen to exercise the option of filing objections to the draft Assessment Order warranting the DRP to proceed further before the Assessing Officer takes further steps as provided under sub-sections 5 to 13 to Section 144C. Under these circumstances, I am of the considered opinion that the impugned Assessment Order passed by respondent No.1- Assessing Officer without awaiting directions fr....