TaxTMI 
TaxTMI 
2024 (1) TMI 912
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....under:- "1. On the facts and circumstances of the case & in law, the final assessment order passed by the Learned Assessing Officer (Ld. AO') under Section 144 read with Section 147 of the Income-tax Act, 1961 ('the Act') is invalid, bad in law and liable to be quashed. 2. On the facts and circumstances of the case & in law, the final order passed by the Ld. AO is barred by limitation being in contravention of the provisions of Section 144C(4) of the Act to mandatorily pass the assessment order within one month from the end of the month in which the statutory period of filing the objections expired. 3. On the facts and circumstances of the case & in law, the draft assessment order passed under Section ....
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....entification Number (DIN*). 8. On the facts and circumstances of the case & in law, the Ld. AO grossly erred in observing that the Appellant has a Permanent Establishment (PE*) in India under the provisions of India-UK double taxation avoidance agreement (DTAA'). 9. On the facts and circumstances of the case & in law, the Ld. AO grossly erred in taxing the receipts on account of sale of software license and allied support services on a net basis in absence of such receipts being 'effectively connected' with the alleged PE under the provisions of India-UK DTAA. 10. On the facts and circumstances of the case & in law, the Ld. AO erred in making an ad-hoc attribution of 80% of the receipts from India in t....
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....rred 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, if- (a) the assessee intimates to the Assessing Officer th....
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....e-tax authority and report the result of the same to it. (8) The Dispute Resolution Panel may confirm, reduce or enhance the variations proposed in the draft order so, however, that it shall not set aside any proposed variation or issue any direction under sub-section (5) for further enquiry and passing of the assessment order. (9) If the members of the Dispute Resolution Panel differ in opinion on any point, the point shall be decided according to the 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 asses....