2024 (10) TMI 188

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....SSC, Mr Anant Mann, JSC and Mr Abhishek Anand, Advocates. For the Respondent Through: Mr Manuj Sabharwal, Mr Drona Negi, and Mr Devvrat Tiwari, Advocates. VIBHU BAKHRU, J. (ORAL) CAV 481/2024 1. The learned counsel for the respondent is present. 2. The caveat is discharged. ITA 504/2024 & CM APPL. 56516/2024 (condonation) 3. Issue notice. The learned counsel for the respondent accepts notic....

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....he contrary contained in this Act, in the first instance, forward 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 which is prejudicial to the interest of such assessee. (2) On receipt of the draft order, the eligible assessee shall, withi....

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....ections 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) to (15) *** ***" 7. In terms of sub-section (4) of Section 144C of the Act, the Assessing Officer is required to pass the ....

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....r filing the objections under sub-section (2) of Section 144C of the Act expired. Thus, the order was required to be passed within the period of one month from 30.04.2022. 10. In the present case, the final assessment order was passed on 27.12.2022, which was beyond the stipulated period. 11. In view of the above, we find no infirmity with the decision of the ITAT in setting aside the final asse....