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2019 (8) TMI 1209 - TELANGANA AND ANDHRA PRADESH HIGH COURTNon consideration of objections to the draft assessment order u/s 144 - time limit(30 day) to file objection - validity of final assessment order - HELD THAT:- We may note that Section 144C provides for forwarding of the draft assessment order to the assessee so that he could, within thirty days from the date of receipt thereof, file objections before the DRP and the AO as to the variation sought to be made by the AO to the income or loss returned. The draft assessment order was served upon the petitioner company only on 27.12.2018, the objections filed by it on 24/25.01.2019 were well within time. The action of the AO in proceeding with the final assessment on the ground that the said objections were filed beyond time and the action of the Dispute Resolution Panel in rejecting the said objections, on the same ground, therefore cannot be countenanced. The writ petition is accordingly allowed setting aside the final assessment order dated 27.02.2019 passed by the Assistant Commissioner of Income Tax, Circle-1(1), Hyderabad. The Dispute Resolution Panel-1, Bangalore, shall consider the objections of the petitioner company submitted on 24.01.2019 as per Section 144C(5) and (6) and issue necessary directions to the AO to complete the assessment of the petitioner company for the A.Y.2015-16. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.
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