The assessee a resident of Mauritius invested in Share capital of Indian Companies. The Assessing Officer issued draft assessment order wherein he treated the loss as non genuine and not allowed to carried forward. The assessee filed an appeal before the DRP. The DRP dismissed the appeal on the ground that verification was not done properly hence dismissed the appeal. On appeal the Tribunal directed the DRP to accept the original form No. 35A filed by the assessee and to proceed with the matter upon giving an opportunity of hearing and to pass an order in accordance with law. (AY. 2015-16)
Rivendell PE Ltd v. ITO (2021) 186 ITD 266 (Mum.)(Trib.)
S. 144C : Reference to dispute resolution panel-Form no 35A not verified properly-Directed DRP to accept the original form and decide on merit. [Form No. 35A No Rule 34(5)]