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2020 (4) TMI 788 - AT - Income TaxAssessment u/s 144C - AO issued notice of demand at stage of draft assessment order - HELD THAT:- without following the procedure as contemplated u/s. 144C of the Act the AO issued demand notice and penalty notice. Thereby, in our opinion, the final assessment order 28-04-2014 passed u/s. 143(3) r.w.s. 144C(3) of the Act lacked validity and it is liable to be quashed The assessee had participated in the proceedings and the provision u/s. 292BB is applicable. Nowhere in the provision u/s. 144C mentioned that the assessee has to approach DRP. The assessee itself approached CIT(A) admitting the fact that it is not approaching to DRP. This Tribunal in the case of Atlas Copco (India) Limited [2019 (8) TMI 1415 - ITAT PUNE] held a detailed discussion in respect of provisions u/s. 144C of the Act, the decisions of Hon’ble Supreme Court in the case of Kalyan Kumar Ray [1991 (8) TMI 291 - SUPREME COURT] and Vijay Television (P) Ltd. [2014 (6) TMI 540 - MADRAS HIGH COURT] and held that the final assessment order is null and void for the reason the AO issued notice of demand at stage of draft assessment order which actually ought to have been done at the stage of passing the final assessment order. Therefore, in our opinion, the facts and circumstances in the case of Atlas Copco (India) Limited [2019 (8) TMI 1415 - ITAT PUNE] and the findings thereon by the Tribunal is applicable to the facts and circumstances in the present case and resulting to, the final assessment order dated 28-04-2014 passed u/s. 143(3) r.w.s. 144C(3) of the Act is set aside. Thus, additional ground raised by the assessee are allowed.
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