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2024 (1) TMI 493 - ITAT MUMBAIValidity of assessment order passed u/s 144C as barred by limitation - TP adjustment u/s 92CA - HELD THAT:- According to the provisions of section 144C (13) of the act the AO shall upon the receipt of the direction issued under subsection (5) in conformity with such direction complete notwithstanding anything to the contrary contained in section 153 the assessment without providing any further opportunity by of being heard to the assessee within one month from the end of the month in which such directions are received. According to rule 11 of The Income Tax (Dispute Resolution Panel) Rules, 2009 the panel shall after the directions issued, communicate the same to the eligible assessee and to the assessing officer. The order is communicated to the assessee on 14 June 2022 at 4.10 p.m. digitally signed by one of the members of the learned dispute resolution panel. According to rule 11 of Dispute Resolution Scheme 2022 dated 5/4/2022 the delivery of such direction would be by placing an authenticated copy of such order in the registered account of the assessee or by sending an authenticated copy to the registered email address of the assessee or any other person. It is not the case of the revenue that the direction is not been received by AO on or before 30 June 2022, if not on 14 June 2022. Therefore, apparently the assessment order passed on 1/8/2022 is barred by limitation and hence quashed. Ground number 1 of the appeal of the assessee is allowed.
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