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2018 (8) TMI 2042 - HC - Income TaxAssessment u/s 144(C) - draft assessment order not issued - HELD THAT:- We notice that in the JCB India Limited [2017 (9) TMI 673 - DELHI HIGH COURT] the Court had undoubtedly stated that the order which purports to be a final one to the extent it contravenes Section 144C(3) is a nullity, however, the Court refrains from expressing anything further, which implies that the Revenue’s option to proceed afresh and conclude the assessment order, is kept open. Obviously in BSC C&C Joint Venture [2018 (2) TMI 1915 - DELHI HIGH COURT] the Court took the matter further and directed the completion of proceedings for issuance of final assessment order. Notably, however, BSC C&C Joint Venture(supra) was premised upon consent of the parties to treat the final order a draft order. However, the consent is not forthcoming in the present case. In the present circumstances, the Court hereby quashes the impugned order of the A.O. dated 14.11.2017. The period summoned by the present proceedings under Article 226 of the Constitution of India shall hereby be excluded from reckoning the period of limitation for the purposes of making a fresh assessment order. The A.O. shall proceed in accordance with law and complete the final assessment under Section 144(C) of the Income Tax Act, 1961, in accordance with law.
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