Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 1994 - AT - Income TaxValidity of assessment u/s 144C - non passing draft assessment order - assessee being a foreign company - HELD THAT:- We find that the assessee being a foreign company is an eligible assessee. Therefore, in this respect, the provision of section 144C of the Act are applicable which are unambiguous and sub-section 1 of section 144C of the Act, clearly provides for issuance of a draft order, which is a sine qua non before AO passes an assessment order u/s 143(3) of the Act. In the case of Turner International India Pvt. Ltd. [2017 (5) TMI 991 - DELHI HIGH COURT] wherein it was held that the legal position is unambiguous as the failure on the part of AO to adhere to the mandatory requirement of section 144C of the Act and passing final order without firstly passing a draft assessment order results in invalidation of the final assessment order and the consequent demand notices and penalty proceedings. Thus we find that AO had passed final assessment order u/s 144C(13) without passing a draft assessment order as mandatorily required u/s 144C(1) makes the impugned final order passed by AO nul and void - Decided in favour of assessee.
|