SANJIV KHANNA, J.

The present appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (the Act, for short) in the case of AT & T Global Network Services (India) Pvt. Ltd. arises from the order dated 18.09.2017 of the Income Tax Appellate Tribunal (the Tribunal, for short) deciding cross appeals, ITA Nos. 4882/Del/2013 and 4870/Del/2013 relating to the Assessment Year 2008-09.

2. The impugned order holds that the draft assessment order dated 09.08.2012, passed by the Assessing Officer under Section 144C read with Section 143 (3) of the Act, was invalid as it was passed beyond the prescribed statutory period. Accordingly, the final assessment order dated 17.06.2013 passed by the Assessing Officer on the directions of the Dispute Resolution Panel has been held to be void and invalid.

3. By order dated 12.03.2018, the following substantial question of law was framed in the present appeal:-

“Did the ITAT fall into error in interpretation of the proviso to Explanation I (iii) {sic. (iv)} to Section 153 of the Income Tax Act in concluding that the search (sic. draft) assessment framed in the present case was time barred?

4. Relevant facts may be noticed. For the Assessme