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2019 (11) TMI 1765 - AT - Income TaxOrder u/s. 172(4) - Assessment of shipping income - draft of the assessment order as is required u/s. 144C not issued - HELD THAT:- Regarding contention of the assessee that order u/s. 172(4) of the income tax act 1961 is bad in law without first issuing draft of the assessment order as is required u/s. 144C of the act, we observed that the Co-ordinate Bench on identical issue on identical facts in the case of assessee itself LRS Management K/S (As foreign commercial manager/agent of principal freight beneficiary Maersk Tankers Singapore Pvt. Ltd. (MTSPL) Shipping Pvt. Ltd. vs. ITO (International Taxation) Rajkot Bench [2018 (8) TMI 674 - ITAT RAJKOT] after following the decision in the case of LR2 Management K/S vs. Income Tax Officer [2015 (11) TMI 274 - ITAT RAJKOT] Tribunal held that draft order u/s. 144C was required to be issued and for enabling the assessing officer for following the path envisaged in section 144C the matter was remitted back to the file of assessing officer. Thus remit this case to the file of assessing officer for framing fresh assessment order u/s. 172(4) after following the path envisaged in section 144C of the act. Therefore, at this stage, we are not dealing with other issues in appeal and the assessee is at liberty to raise all these issues in the set aside proceedings. With these observations, the matter has been restored to the file of assessing officer. Therefore, the appeal of the assessee is allowed for statistical purposes.
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