NEW DELHI TELEVISION LIMITED Vs. DISPUTE RESOLUTION PANEL

JUDGEMENT

(1.) The writ petitioner impugns the order of the Dispute Resolution Panel [DRP] dtd. 29/1/2021 and which has negated its objections to the draft assessment order framed on 31/3/2013. The said draft assessment order came to be made pursuant to an order made by the Transfer Pricing Officer [TPO] on 29/10/2019. The petitioner appears to have contended before the DRP that the reference to the TPO on 27/12/2018 essentially amounted to a second reference made to purportedly give effect to the order of the Income Tax Appellate Tribunal [ITAT] dtd. 14/7/2017. This was so urged since the TPO had earlier framed an order dtd. 17/10/2017 to give effect to the aforenoted order of the ITAT.

(2.) Although the TPO had framed an order on 17/10/2017, the record would reflect that no corresponding order as envisaged under Sec. 92CA(4) of the Income Tax Act, 1961 [Act] was framed. The petitioner had urged for the consideration of the DRP that the reference made on 27/12/2018 and the consequential order dtd. 29/10/2019 framed by the TPO seeking to give effect to the original order of the ITAT dtd. 14/7/2017 were clearly barred by the prescription of limitation as embodied in Sec. 153(3) of the Act.

(3.) The petitioners had argued that the period of nine months when computed from the passing of the order of the ITAT would have come to an end on 31/12/2018. It was in the aforesaid light that it was urged that there was no authority which inhered in the Assessing Officer [AO] to pass further orders referable to Sec. 92CA(4) of the Act.