TaxTMI 
TaxTMI 
2026 (9) TMI 2049
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....essment dated 23rd May 2026 passed under Section 143(3) read with Section 144C(3) and Section 144B of the Income Tax Act, 1961 (hereinafter referred to as the said Act) for the Assessment Year 2023-24 and consequential Penalty Notice dated 5th May 2026 issued under Section 154(2) of the said Act. 3. The core issue involved in the same is whether the objection filed by the petitioner before the Dispute Resolution Panel in Form No. 35A on 16th March 2026 is barred by limitation when the 30 days period prescribed under Section 144C(2) of the said Act from the Draft Assessment Order dated 13th February 2026 expired on 15th March 2026 which was a Sunday and whether the benefit of Section 10 of the General Clauses Act, 1897 is available to the....
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....ermissible and liable to be set aside. f. The respondent No. 2 had fixed a date on 19th June 2026 for consideration of the objection but the same could not be considered since the Final Assessment Order had already been passed. g. The Learned Counsel further submits that the Assessment Order cannot be challenged by way of an appeal. h. It is further submitted by the petitioner that if final Assessment Order is not quashed, Dispute Resolution Panel becomes functus officio and cannot adjudicate. 5. The Learned Counsel appearing for the Income Tax Department takes a fair stand and does not seriously oppose the prayer for quashing of the Assessment Order and to remand the matter back to the Dispute Resolution Panel....
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.... or filing of objection or, (b) directions of DRP under Section 144C(5) of the said Act. 9. In the present case, the last date for filing of objection under Section 144C(2) was 15th March 2026 and the said date was admittedly fell on Sunday. As a result, 16th March 2026 ought to have been considered as a working day and to be the next date on which the office was open. 10. Consequently, this Court holds that the objection filed by the petitioner on 16th March 2026 was well within the prescribed period of 30 days as contemplated under the statute. The rejection of the same as time barred by respondent No. 3 is erroneous and unsustainable in law. It is no longer res integra, that the procedure laid down under Section 144C is ma....