Open Silicon Research Pvt. Ltd. v. NFAC (2023)456 ITR 546 /154 taxmann.com 11/ 335 CTR 108 (Karn)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Objections filed before Dispute Resolution Panel-Assessing Officer bound to wait for its directions-Matter restored to Assessing Officer. [S. 114C(2)(b)(ii), 144C(13), 144C(15)(b)(i), Art. 226]

Allowing the petition the Court held that once an objections were filed before the Dispute Resolution Panel and till the decision was taken by the Dispute Resolution Panel regarding directions to be passed, the Assessing Officer ought not to have proceeded further. The court restored the matter to the Assessing Officer with directions to proceed further in terms of the procedure under section 144C(13) the time contemplated thereunder deemed to commence from the date of receipt of the order. The Assessing Officer was to follow the directions issued by the Dispute Resolution Panel. The observations made in the context of directions being issued by the Dispute Resolution Panel at a subsequent point of time would not have the effect of construing the duty of the assessee to file objections before the Assessing Officer under section 144C(2)(b)(ii) as being optional and not mandatory.