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TMI Blog2019 (1) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... e applications are not opposed by the counsel for the respondent. Applications are allowed. ITA 1307/2018 This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 in the case of NT Back Office Services Pvt. Ltd (earlier known as Globerian India Pvt. Ltd.) arises from the order dated 22.02.2018 passed by the Income Tax Appellate Tribunal ('Tribunal', for short) and relates to Assessment Year 2007-08. 2. The impugned order annuls the Assessment Order dated 28.03.2014 passed by the Assessing Officer for failure to follow the procedure prescribed under Section 144C of the Act. The Tribunal has relied and followed decision of this High Court in JCB vs. Deputy Commissioner of Income Tax & Anr. in W.P.(C) Nos.3399, 3429 & 3431 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the file of the AO to be decided afresh on affording a reasonable opportunity of hearing to the assessee. The decision of the AO on these issues for the* assessment year 2006-07, would obviously have a direct bearing on the decision of these issues for the year under consideration, as well. 9. So far as regards the issue of difference in arms length price, for the assessment year 2006-07, the matter is remitted to the AO, the DRP has approved the draft assessment order considering the various submissions made by the assessee and their validity. Herein also, similar is the position though for the year under consideration, the objections of the assessee*were rejected for want of limitation, which was not the case for the assessment year 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which is prejudicial to the interest of such assessee. (2) On receipt of the draft order, the eligible assessee shall, within thirty days of the receipt by him of the draft order,- (a) file his acceptance of the variations to the Assessing Officer; or (b) file his objections, if any, to such variation with,- (i) the Dispute Resolution Panel; and (ii) the Assessing Officer. (3) The Assessing Officer shall complete the assessment on the basis of the draft order, if- (a) the assessee intimates to the Assessing Officer the acceptance of the variation; or (b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout any fresh hearing. The final order passed by the Assessing Officer in such cases would be identical to the draft assessment order without any modification or changes. 7. Sub-Sections (5) to (14) to Section 144C of the Act read;- (5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section (2), issue such directions, as it thinks fit, for the guidance of the Assessing Officer to enable him to complete the assessment. (6) The Dispute Resolution Panel shall issue the directions referred to in sub-section (5), after considering the following, namely:- (a) draft order; (b) objections filed by the assessee; (c) evidence furnished by the assessee; (d) report, if any, of the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued unless an opportunity of being heard is given to the assessee and the Assessing Officer on such directions which are prejudicial to the interest of the assessee or the interest of the revenue, respectively. (12) No direction under sub-section (5) shall be issued after nine months from the end of the month in which the draft order is forwarded to the eligible assessee. (13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment can be directed." Clearly, the DRP was of the opinion that the Assessing Officer would have to pass the draft assessment order afresh and follow the procedure under Section 144C of the Act. 9. We are surprised that the Assessing Officer did not follow the procedure inspite of the opinion given by the DRP vide letter dated 11.02.2014. 10. Revenue has accepted the order dated 15.03.2012 remanding the case to the file of the Assessing Officer for fresh assessment after affording an opportunity of hearing to the assessee. We are not required to examine validity of the remand order dated 15.03.2012. Therefore, the contention that in the first round the respondent-assessee had not filed objection within the limitation period prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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