Sec. 144C(13) of Income Tax Act, 1961— Reference to DRP — Once the objections filed by the assessee are time barred, the natural corollary is that no valid objections were filed by the assessee and one cannot contemplate a situation that the objections are invalid for the DRP so as not to issue any direction u/s 144C(5) and valid for the AO so as to pass order u/s 144C(13). If the objections are invalid as time barred having not been filed within the time prescribed under sub-section (2) of section 1444C, the AO will have to act in terms of Section 144C(3)(b) and complete the assessment within the time prescribed u/s 144C(4)(b), namely, within one month from the end of the month in which the period of filing of objections under sub-section (2) expires. In the case of assessee it is found that, the period of 30 days for filing objections within sub-section (2) of section 144C was expired and going by the mandate of sub-section (3) of section 144C(3)/144C(4), the AO was supposed to complete the assessment on the basis of the draft order by February, 2019 as against this, the AO actually completed the assessment u/s. 144C(13) on 24.10.2019, thus, such a completion of assessment not only under the wrong provision but also beyond the limitation period is ultra vires and hence cannot stand,hence the assessment order was time barred and consequently null and void, with the effect that the returned income will automatically get accepted as finally assessed income — TDK ELECTRONICS AG Vs. ASSTT. CIT — [2020] 204 TTJ 273 (ITAT-PUNE)