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TMI Blog2023 (3) TMI 1492X X X X Extracts X X X X X X X X Extracts X X X X ..... s and providing maintenance and other allied services of telecommunication equipments in India. 3. The pertinent facts for ad judication of the case are as under: * Date of filing return - 29.11.2017 * Date of order of the TPO - 22.01.2021 * Date of draft order by the AO - 03.03.2022 * Date of order of the DRP - 16.12. 2021 * Date of Assessment Order - 26.02. 2022 4. We have gone through the page no. 4 of the Assessment Order wherein the issue of order being "barred by limitation" has been rebutted by the AO. 5. The provisions of Section 144C reads as under: "Reference to dispute resolution panel. 144C. (1) The Assessing Officer shall, notwithstanding anything to the contrary contained in this Act, in the first instance, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el shall issue the directions referred to in subsection (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 Officer, Valuation Officer or Transfer Pricing Officer or any other authority; (e) records relating to the draft order; ( f) evidence collected by, or caused to be collected by, it; and (g) result of any enquiry made by, or caused to be made by, it. (7) The Dispute Resolution Panel may, before issuing any directions referred to in sub- section (5), - (a) make such further enquiry, as it thinks fit; or (b) cause any further enquiry to be made by any income- tax authority and report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formity 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, with in one month from the end of the month in which such direction is received. (14) The Board may make rules for the purposes of the efficient functioning of the Dispute Resolution Panel and expeditious disposal of the objections filed under sub- section (2) by the eligible assessee. (14A) The provisions of this section shall not apply to any assessment or reassessment order passed by the Assessing Officer with the prior approval of the Principal Commissioner or Commissioner as provided in sub-section (12) of section 144BA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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