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2018 (11) TMI 1629 - AT - Income TaxTransfer pricing proceedings. u/s. 143(3) r.w.s. 144C without passing draft assessment order - Order of TPO u/s. 92CA(3) and proposed addition in respect of international transactions entered into by the assessee - HELD THAT:- The provisions of section 144C(1) mandates that the Assessing Officer shall pass draft assessment order. The assessee within a period of 30 days of the receipt of the draft assessment order shall file his acceptance of variation or file his objections against the adjustments with the Dispute Resolution Panel (DRP). In the present case, the Assessing Officer has directly passed the final assessment order usurping assessee‟s valuable right to file objections before the DRP against the draft assessment order. As in the case of International Air Transport Association Vs. DCIT [2016 (2) TMI 897 - BOMBAY HIGH COURT] has held that the final assessment order passed without draft assessment order is without jurisdiction. In view of the settled legal position we do not find any infirmity in the order of Commissioner of Income Tax (Appeals) in quashing the assessment order dated 28-03-2013 passed u/s. 143(3) r.w.s. 144C of the Act. Accordingly, the impugned order is upheld and the appeal of the Revenue is dismissed being devoid of any merit.
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