9911796707
TMI Blog2024 (1) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case & in law, the final assessment order passed by the Learned Assessing Officer (Ld. AO') under Section 144 read with Section 147 of the Income-tax Act, 1961 ('the Act') is invalid, bad in law and liable to be quashed. 2. On the facts and circumstances of the case & in law, the final order passed by the Ld. AO is barred by limitation being in contravention of the provisions of Section 144C(4) of the Act to mandatorily pass the assessment order within one month from the end of the month in which the statutory period of filing the objections expired. 3. On the facts and circumstances of the case & in law, the draft assessment order passed under Section 144C read with Section 147 and Section 144 of the Act dated 4 Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AO grossly erred in observing that the Appellant has a Permanent Establishment (PE*) in India under the provisions of India-UK double taxation avoidance agreement (DTAA'). 9. On the facts and circumstances of the case & in law, the Ld. AO grossly erred in taxing the receipts on account of sale of software license and allied support services on a net basis in absence of such receipts being 'effectively connected' with the alleged PE under the provisions of India-UK DTAA. 10. On the facts and circumstances of the case & in law, the Ld. AO erred in making an ad-hoc attribution of 80% of the receipts from India in the hands of the alleged PE without providing any basis thereof. 11. On the facts and circumstances of the case & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) no objections are received within the period specified in sub-section (2). (4) The Assessing Officer shall, notwithstanding anything contained in section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessment order. (9) If the members of the Dispute Resolution Panel differ in opinion on any point, the point shall be decided according to the opinion of the majority of the members. (10) Every direction issued by the Dispute Resolution Panel shall be binding on the Assessing Officer. (11) No direction under sub-section (5) shall be 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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