2023 (3) TMI 1227

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....ee is engaged in the business of providing digital enablement platform to digital merchants and mobile operators. 3. The pertinent facts for adjudication of the case are as under: * Date of filing return - 30.11.2017 * Date of order of the TPO - 28.01.2021 * Date of draft order by the AO - 24.03.2021 * Date of order of the DRP - 16.11.2021 * Date of Assessment Order - 30.01.2022 4. The AO at para 4.2 mentions that the ld. DRP passed order on 22.11.2021 and on receipt of the order of the ld. DRP, the DCIT (TP)-1(3)(1), New Delhi vide DIN ITBA/COM/F/17/2021-22/1037852286(1) dated 16.12.2021 has given effect to the direction of the ld. DRP and proposed an adjustment of Rs. 1,32,76,515/- withou....

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....nce is received; or (b) the period of filing of objections under sub-section (2) expires. (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:- (a) draft order; (b) objections filed by the assessee; (c) evidence furnished by the assessee; (d) report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any other authority; (e) records r....

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....ity 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 to the contrary contained in section 153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction ....