Remand of a case to Dispute Resolution Panel – No time limit for passing order by DRP?
- Blog|News|Income Tax|
- < 1 minute
- By Taxmann
- |
- Last Updated on 29 November, 2021
Latest from Taxmann
Ashish Karundia & Sukh Sagar – [2021] 132 taxmann.com 217 (Article)
Section 144C of the Income-tax Act, 1961 (‘the Act’) provides for a special and speedier assessment process for a certain class of assessees. The section provides that in the first instance the Assessing Officer (‘AO’) shall issue a draft of the proposed order of assessment which can be challenged inter alia before the Dispute Resolution Panel (‘DRP’).
The AO later finalises the assessment by passing a final order based on directions of DRP. There have been several instances in the past wherein the final order is challenged before the Income-tax Appellate Tribunal (‘Tribunal’) alleging that the DRP’s failed to give proper directions to the AO by passing a speaking order. In such cases, the Tribunal remands back the case to the DRP for passing a speaking order.
This article deliberates on whether any time limit is prescribed in the Act for DRP to pass an order in such cases of remand and in case there is no statutory time limit, what can be the maximum time limit for passing of the order by DRP.
Click Here To Read The Full Article
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
