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2021 (5) TMI 1022 - HC - Income TaxValidity of assessment u/s 144C - Validity of order without passing Draft Assessment Orders as contemplated u/s 143(3) r.w.s 92 CA (4) and 144 C (1) - HELD THAT:- As decided in M/S DURR INDIA PRIVATE LIMITED [2021 (6) TMI 830 - MADRAS HIGH COURT]once the case was remitted back to the respondents, it was incumbent on the part of the 1st respondent to have passed a draft Assessment Order under section 143 (3) read with Section 92CA (4) and Section 144C (1) of the Income Tax Act, 1961. It was not open for the 1st respondent to bypass the statutory safeguards prescribed under the Act and thereby deny the right of the petitioner to approach the Dispute Resolution Panel. It is only thereafter, Final assessment order can be passed by the 1st respondent to Assessing Officer. Since the dispute in the present case to the assessment years 2010-11 and 2011-12, respondent shall endeavour pass Draft Assessment Order under section 143 (3) read with Section 92 CA(4) and 144 C (1) of the Income Tax Tax Act, 1961 within a period of 3 months from the date of receipt of a copy of this order.
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