2023 (7) TMI 974

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....ssment year 2017-2018. 2. The assessee has raised as many as 34 grounds, but during the course of hearing, the learned AR confined his argument only to ground No.1, challenging the legal issue, which is as under:- "1. The final assessment order issued by the ld.AO dated 2 February 2022 pursuant to the DRP directions under section 144C is barred by limitation and liable to be quashed." 3. The brief facts of the case are that the assessee has filed its return of income on 28.11.2017 electronically declaring total income of Rs. 75,22,56,620 under the normal provisions of the I.T.Act after claiming deduction under Chapter VI-A of Rs. 60,00,000. The case was selected for scrutiny and notice u/s 143(2) of the Act and other statutor....

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....eived by the A.O. on 30.12.2021. In support of his contention, the learned AR placed on record a paper book, inter alia, enclosing therein the judgment of the Hon'ble Supreme Court in the case of Union of India and Others v. G. S. Chatha Rice Mills and Another reported in (2021) 2 Supreme Court Cases 209. The relevant portion of the judgment reads as under:- "85. Section 13 of the Information Technology Act, 2000 contains provisions for the time and place of the dispatch and receipt of electronic records. It reads as follows:- 13. Time and place of dispatch and receipt of electronic record. - (1) Save as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters....

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.... on record the copy of the order sheet. 7. We have heard both the parties and perused the entire material available on record and the orders of the authorities below. On perusal of the directions of the learned DRP, it is clear that the DRP's directions is dated 20.12.2021. The A.O. has passed the final assessment order on 02.02.2022., As per section 144C(13) of the Act, the A.O. should have passed the final assessment order, notwithstanding anything to the contrary contained in section 153 [or section 153B], within one month from the end of the month in which such direction is received The learned DR has placed on record the copy of the order sheet, which is reproduced as under:- 8. It is clear from the copy of the order sheet that t....

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....39076324 (1) 250 12022.pdf E nt Unit Document/Response received from 'Upl CIRCLE 4 (1) ( 26/01/2022 oading of document 1), BANGALOR based on DIN/ PAN- AY' screen E Notings/Remarks: OGE TO DRP ORDER Signature: Document/Response received from 'Upl CIRCLE 4 (3) ( 27/01/2022oading of document 1), BANGALOR based on DIN/ PAN- AY' screen E AO Assessm ent Unit Issue Letter_10389 93782 (1)_22012022. pdf AO Assessm ent Unit Issue Letter_10389 93782 (1) 22012022. pdf Notings/Remarks: Give Effect to Directions u/s 144C by TPO Signature: Response on Draft AO Assessm AO Assessm 01/02/2022 Order Submitted. ent Unit ent Unit Notings/Remarks: Objectio....