Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 271 - AT - Income TaxAssessment passed u/s 143 (3)/144C/92CA (3) - No draft assessment order was passed before passing final assessment order - HELD THAT:- When undisputedly the order passed by the Tribunal in the first round of litigation is to be treated under the provisions contained u/s 92CA(3) and section 144C of the Act and in these circumstances, the TP order is also to be treated u/s 92CA(3) of the Act on the basis of which draft assessment order was required to be passed so as to enable the taxpayer to approach the ld. DRP, if so require. So, assessment order passed by the AO without passing draft assessment order to enable the taxpayer to approach ld. DRP is not sustainable in the eyes of law. Identical issue has been decided in the cases of Turner International India (P) Ltd. vs. DCIT [2017 (5) TMI 991 - DELHI HIGH COURT], DCIT vs. Control Risks India (P) Ltd. [2017 (7) TMI 1077 - DELHI HIGH COURT] and JCB India Ltd [2017 (9) TMI 673 - DELHI HIGH COURT] whereby final assessment order has been quashed on the ground that no draft assessment order was passed before passing final assessment order. Procedure adopted in this case by the ld. TPO/AO is unheard of. In these circumstances, we are of the considered view that ld. CIT (A) has rightly quashed the final assessment order. So, finding no perversity or illegality in the impugned order, present appeal filed by the Revenue is hereby dismissed.
|