Income Tax Act, 1961
Section 2: Subs. by s. 4, ibid., for “Chief Commissioner” (w.e.f. 12013).
2. Subs. by s. 4, ibid., for “Chief Commissioner” (w.e.f. 12013).
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(ii) the period during which the proceeding of the Approving Panel is stayed by an order or
injunction of any court:
Provided that where immediately after the exclusion of the aforesaid time or period, the period
available to the Approving Panel for issue of directions is less than sixty days, such remaining period
shall be extended to sixty days and the aforesaid period of six months shall be deemed to have been
extended accordingly.]
1[144C. Reference to dispute resolution panel.—(1) The Assessing Officer shall, notwithstanding
anything to the contrary contained in this Act, in the first instance, forward a draft of the proposed order
of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes
to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which is
prejudicial to the interest of such assessee.
(2) On receipt of the draft order, the eligible assessee shall, within thirty days of the receipt by him of
the draft order,—
(a) file his acceptance of the variations to the Assessing Officer; or
(b) file his objections, if any, to such variation with,—
(i) the Dispute Resolution Panel; and
(ii) the Assessing Officer.
(3) The Assessing Officer shall complete the assessment on the basis of the draft order, if—
(a) theassessee intimates to the Assessing Officer the acceptance of the variation; or
(b) no objections are received within the period specified in sub-section (2).
(4) The Assessing Officer shall, notwithstanding anything contained 2[in section 153 orsection 153B],
pass the assessment order under sub-section (3) within one month from the end of the month in which,—
(a) the acceptance is received; or
(b) the period of filing of objections under sub-section (2) expires.
(5) The Dispute Resolution Panel shall, in a case where any objection is received under
sub-section (2), issue such directions, as it thinks fit, for the guidance of the Assessing Officer to enable
him to complete the assessment.
(6) The Dispute Resolution Panel shall issue the directions referred to in sub-section (5), after
considering the following, namely:—
(a) draft order;
(b) objections filed by the assessee;
(c) evidence furnished by the assessee;
(d) report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any
other authority;
(e) records relating to the draft order;
(f) evidence collected by, or caused to be collected by, it; and
(g) result of any enquiry made by, or caused to be made by, it.
the period during which the proceeding of the Approving Panel is stayed by an order or
injunction of any court:
Provided that where immediately after the exclusion of the aforesaid time or period, the period
available to the Approving Panel for issue of directions is less than sixty days, such remaining period
shall be extended to sixty days and the aforesaid period of six months shall be deemed to have been
extended accordingly.]
1[144C. Reference to dispute resolution panel.—
The Assessing Officer shall, notwithstanding
anything to the contrary contained in this Act, in the first instance, forward a draft of the proposed order
of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes
to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which is
prejudicial to the interest of such assessee.
On receipt of the draft order, the eligible assessee shall, within thirty days of the receipt by him of
the draft order,—
file his acceptance of the variations to the Assessing Officer; or
file his objections, if any, to such variation with,—
the Dispute Resolution Panel; and
the Assessing Officer.
The Assessing Officer shall complete the assessment on the basis of the draft order, if—
theassessee intimates to the Assessing Officer the acceptance of the variation; or
no objections are received within the period specified in sub-section
The Assessing Officer shall, notwithstanding anything contained 2[in section 153 orsection 153B],
pass the assessment order under sub-section
within one month from the end of the month in which,—
the acceptance is received; or
the period of filing of objections under sub-section
expires.
The Dispute Resolution Panel shall, in a case where any objection is received under
sub-section
The Dispute Resolution Panel shall issue the directions referred to in sub-section
draft order;
objections filed by the assessee;
evidence furnished by the assessee;
report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any
other authority;
records relating to the draft order;
evidence collected by, or caused to be collected by, it; and
result of any enquiry made by, or caused to be made by, it.