Kandla Energy and Chemicals Ltd. v. ACIT (2023) 203 ITD 190 /(2024) 229 TTJ 108 (Rajkot) (Trib.)

S. 144C : Reference to dispute resolution panel-Delay in filing object against draft assessment order-Appeal filed against draft assessment order is not maintainable-No power under section 144C for DRP to condone delay in filing objections either before it or before Assessing Officer. [S. 92CA, 144C(1), 144C(2b)(ii), 144C(3), 253 (1)]

 

Assessee-company had entered into certain specified domestic transactions whose value exceeded Rs. 5 Crores and case was referred to TPO for determination of ALP under section 92CA. TPO determined ALP of transactions and recommended an upward adjustment. After receipt of TPO’s order, Assessing Officer passed a draft assessment order dated 15-11-2017 under section 144C(1) As Assessing Officer had not received any intimation either acceptance of variations or filing of objections before DRP by assessee within stipulated period of 30 days, Assessing Officer as per section 144C(3)passed final assessment order and served same to assessee.Assessee pleaded to condone delay in filing objection against draft assessment order. Tribunal held that  since assessee did not satisfy conditions stipulated in section 144C(2b)(ii), namely, it did not file objection against draft assessment order within stipulated time period, there was no merit in objection raised by assessee against final assessment order. Tribunal held that there is no power under section 144C for DRP to condone delay in filing objections either before it or before Assessing Officer. (AY. 2014-15)

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