2026 (7) TMI 691

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r short 'the Act") for AY 2021-22 pursuant to the directions of the Dispute Resolution Panel u/s 144C(5) of the Act. 2. At the time of hearing, ld. AR of the assessee specifically pressed Ground No.1.4 which is the legal issue. The assessee has raised this ground for the reason that the Assessing Officer has passed final assessment order without giving effect to the directions of ld. DRP which is contrary to the provisions of section 144C(1) of the Act. In this regard, he brought to our notice page 7 of the final assessment order and brought to our notice para 5 of the order wherein Assessing Officer has observed that ld. DRP decided the appeal of the assessee vide order dated 30.09.2024 giving the directions to modify the adjustments ea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... preferred an appeal before the ld. DRP and ld. DRP has passed the order dated 30.09.2024 and in the above order, ld. DRP has given direction to the Assessing Officer/TPO to incorporate the findings in respect of various objections suitably in the final assessment order. We further noticed that respectfully following the directions of the ld. DRP, TPO has passed the order giving effect to directions u/s 144C dated 28.10.2024. However, the Assessing Officer while passing the final assessment order passed impugned order dated 24.10.2024 without giving effect to the order passed u/s 144C(5) of the Act with the observation that he has not received the order giving effect from TPO till date i.e. before passing of the assessment order. However, t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....consequently part of the assessment records and Assessing Officer no doubt made a mistake which has led to not following of statutory provisions and not followed it up for making it proper which is in line with the provisions of section 144C of the Act. This is gross violation on the part of the jurisdictional Assessing Officer and ld. DR for the Revenue vehemently argued that it is a mistake. If it is a mistake, the Department should have acted upon to rectify the mistake within reasonable time. In this case, no records were shown to make such efforts taken by the officer. It is clearly violation of law which deserves to be acted upon and the action of the Assessing Officer is contrary to the provisions of the Act and contrary to the law. ....