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2013 (9) TMI 679 - ITAT MUMBAITransfer pricing adjustment - DRP rejected objections filed by the assessee as non-est and dismissed the same in limine - Rejection of Form 35A - Held that:- Even under the Dispute Resolution Panel Rules or under the provisions of the Act, the mandate to the Dispute Resolution Panel is to consider the objections on merit and give directions to the Assessing Officer with reference to the draft assessment order. Even this basic duty has not been performed by the Dispute Resolution Panel. It simply rejected Form 35A filed by the assessee as invalid, non est and dismissed in limine. On this count also the action of the Dispute Resolution Panel cannot be upheld and therefore, we are of the firm opinion that the order passed on July 4, 2011 by the Dispute Resolution Panel-II is to be set aside with a direction to consider objections afresh and give necessary direction to the Assessing Officer as per the provisions of the Act and the Rules thereon. For this purpose, the matter is restored to the file of the Dispute Resolution Panel for consideration of the objections filed with it, afresh - Decided in favour of assessee.
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