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| The Tax Publishers2019 TaxPub(DT) 4020 (Bang-Trib) INCOME TAX ACT, 1961
Section 144C(13) Section 153A
In view of section 144C(13), notwithstanding anything contained in section 153, AO has to pass order within one month from the end of the month in which direction of Dispute Resolution Panel is received. Accordingly, assessment order passed within extended further period of one month from the end of month in which direction of Dispute Resolution Panel was received was valid, even though period of limitation provided in 3rd proviso to section 153(1) stood already expired.
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Assessment - Validity - Order passed within one month from receipt of directions of DRP but after expiry of period of limitation prescribed in 3rd proviso to section 153(1) -
Assessee challenged assessment order passed in terms of section 144C(13) within one month from the end of the month in which direction of Dispute Resiolution Panel was received. On the ground that assessment order had been passed beyond time-li it prescribed in section 153.Held: In view of section 144C(13), notwithstanding anything contained in section 153, AO has to pass order within one month from the end of the month in which direction of Dispute Resolution Panel is received. Accordingly, assessment order passed within extended further period of one month from the end of month in which direction of Dispute Resolution Panel was received was valid, even though period of limitation provided in 3rd proviso to section 153(1) stood already expired.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13 & 2013-14
INCOME TAX ACT, 1961
Section 92B
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