Income Tax Act, 1961
Section 2: Subs. by Act 23 of 2012, s. 63, for “in section 153” (w.r.e.f. 12009).
2. Subs. by Act 23 of 2012, s. 63, for “in section 153” (w.r.e.f. 12009).
582
(7) The Dispute Resolution Panel may, before issuing any directions referred to in sub-section (5),—
(a) make such further enquiry, as it thinks fit; or
(b) cause any further enquiry to be made by any income-tax authority and report the result of the
same to it.
(8) The Dispute Resolution Panel may confirm, reduce or enhance the variations proposed in the draft
order so, however, that it shall not set aside any proposed variation or issue any direction under subsection (5) for further enquiry and passing of the assessment order.
1[Explanation.—For the removal of doubts, it is hereby declared that the power of the Dispute
Resolution Panel to enhance the variation shall include and shall be deemed always to have included the
power to consider any matter arising out of the assessment proceedings relating to the draft order,
notwithstanding that such matter was raised or not by the eligible assessee.]
(9) If the members of the Dispute Resolution Panel differ in opinion on any point, the point shall be
decided according to the opinion of the majority of the members.
(10) Every direction issued by the Dispute Resolution Panel shall be binding on the Assessing
Officer.
(11) No direction under sub-section (5) shall be issued unless an opportunity of being heard is given
to the assessee and the Assessing Officer on such directions which are prejudicial to the interest of the
assessee or the interest of the revenue, respectively.
(12) No direction under sub-section (5) shall be issued after nine months from the end of the month in
which the draft order is forwarded to the eligible assessee.
(13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in
conformity with the directions, complete, notwithstanding anything to the contrary contained 2[insection
153 or section 153B], the assessment without providing any further opportunity of being heard to the
assessee, within one month from the end of the month in which such direction is received.
(14) The Board may make rules for the purposes of the efficient functioning of the Dispute
Resolution Panel and expeditious disposal of the objections filed under sub-section (2) by the eligible
assessee.
3[(14A)The provisions of this section shall not apply to any assessment or reassessment order passed
by the Assessing Officer with the prior approval of the 4[Principal Commissioner or Commissioner] as
provided in sub-section (12) of section 144BA.]
(15) For the purposes of this section,—
(a) “Dispute Resolution Panel” means a collegium comprising of three 4[Principal Commissioner
or Commissioners] of Income-tax constituted by the Board for this purpose;
(b) “eligibleassessee” means,—
(i) any person in whose case the variation referred to in sub-section (1) arises as a
consequence of the order of the Transfer Pricing Officer passed under sub-section (3) of
section 92CA; and
(ii) any foreign company.]
The Dispute Resolution Panel may, before issuing any directions referred to in sub-section
make such further enquiry, as it thinks fit; or
cause any further enquiry to be made by any income-tax authority and report the result of the
same to it.
The Dispute Resolution Panel may confirm, reduce or enhance the variations proposed in the draft
order so, however, that it shall not set aside any proposed variation or issue any direction under subsection
for further enquiry and passing of the assessment order.
1[Explanation.—For the removal of doubts, it is hereby declared that the power of the Dispute
Resolution Panel to enhance the variation shall include and shall be deemed always to have included the
power to consider any matter arising out of the assessment proceedings relating to the draft order,
notwithstanding that such matter was raised or not by the eligible assessee.]
If the members of the Dispute Resolution Panel differ in opinion on any point, the point shall be
decided according to the opinion of the majority of the members.
Every direction issued by the Dispute Resolution Panel shall be binding on the Assessing
Officer.
No direction under sub-section
shall be issued unless an opportunity of being heard is given
to the assessee and the Assessing Officer on such directions which are prejudicial to the interest of the
assessee or the interest of the revenue, respectively.
No direction under sub-section
shall be issued after nine months from the end of the month in
which the draft order is forwarded to the eligible assessee.
Upon receipt of the directions issued under sub-section
The Board may make rules for the purposes of the efficient functioning of the Dispute
Resolution Panel and expeditious disposal of the objections filed under sub-section
by the eligible
assessee.
3[
of section 144BA.]
For the purposes of this section,—
“Dispute Resolution Panel” means a collegium comprising of three 4[Principal Commissioner
or Commissioners] of Income-tax constituted by the Board for this purpose;
“eligibleassessee” means,—
any person in whose case the variation referred to in sub-section
arises as a
consequence of the order of the Transfer Pricing Officer passed under sub-section
of
section 92CA; and
any foreign company.]