9911796707
TMI Blog2021 (12) TMI 1415X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Petitioner : SRI MUKESH BUTANI, ADVOCATE SRI SHREYASH SHAH, ADVOCATE MS.AKSHARA RAO, ADVOCATE For the Respondent : SRI E.I.SANMATHI, ADVOCATE ORDER In this petition, petitioner seeks quashing of the impugned Assessment Order at Annexure - A dated 26.04.2021 and consequential Demand Notice at Annexure - B dated 26.04.2021 issued by respondent No.1 / Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 144C(2)(b) of the IT Act and filing objections within the prescribed period before both the Assessing Officer as well as the DRP, the respondent No.1 has proceeded to pass the impugned Assessment Order without following the mandatory procedure prescribed under Sections 144C and 144C(5) to C(13) of the IT Act and without awaiting directions from the DRP and consequently, the impugned Assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jections of the petitioner filed on 16.03.2021 and thereafter, the Assessing Officer be directed to proceed further as per the directions of the DRP and by following mandatory procedure under Section 144(C)5 to (C)13 of the IT Act. 5. Per contra, learned counsel for the respondents submits that there is no merit in the petition and the same is liable to be dismissed. 6. As rightly contended by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and contravention to the mandatory procedure prescribed under Section 144(C)5 to (C)13 of the IT Act and without awaiting further directions from the DRP and as such, the impugned Assessment Order dated 26.04.2021 deserves to be quashed. 8. Learned counsel for the petitioner is also right in his contention that during the pendency of the present petition, the DRP has passed the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Notice at Annexure - C dated 26.04.2021 issued by respondent No.1 / Assessing Officer as well as the impugned Order at Annexure - Q dated 24.11.2021 passed by respondent No.3 / Dispute Resolution Panel are hereby quashed. (iii) Matter is remitted back to the DRP for reconsideration afresh in accordance with law and the provisions contained in Section 144(C) of the IT Act after considering obj ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
