2023 (9) TMI 838 - ITAT RAJKOT

Validity of draft assessment order passed u/s 143(3) r.w.s. 144 r.w.s. 144C(1) - reference to DRP - whether the DRP is right in dismissing the objection filed by the assessee which is beyond the period of 30 days as provided u/s.144C(2)(b)(ii)? - HELD THAT:- As delayed filing of objections gives rise to the same consequence as of non-filing of the objections. This is because objection filed after 30 days, which is beyond statutory limit, is as good as no Application filed by the assessee. Assessee did not satisfy the conditions as stipulated in sub-section 2(b)(ii) of Section 144C.

When there is no objection petition filed by the assessee against the draft assessment order, the AO is required to pass, within further time period of 30 days, a final assessment order under sub-section (4) of section 144C.

Here in this case, the final assessment order was passed by the AO on 19.12.2017 and served the same to the assessee on 21.12.2017. Therefore assessee has an option to challenge the final assessment order before the CIT(A) in accordance with law. Therefore no merits in the grounds raised by the assessee. The present appeal filed by the assessee is devoid of merits and against the provisions of section 144C (2)(b)(ii). Therefore the appeal filed by the Assessee is hereby dismissed.