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2019 (1) TMI 938 - AT - Income Tax“Eligible assessee” in accordance with section 144C(15)(b) - draft assessment order proposed to tax the income of the assessee - Income accrued in India - DRP jurisdiction over the case - neither the TPO proposed any variation in the returned income nor the assessee is a foreign company - existence of PE in India - Held that:- As decided in assessee own sister concerns case now there are numerous judgments not only passed by the various High Courts but also by this Tribunal, wherein it has been categorically held that, if assessee is not an “eligible assessee” in terms of section 144C(15)(b), then AO is not competent to pass a draft assessment order u/s 144C and the final assessment order consequently becomes time barred. Accordingly, following the aforesaid binding judicial precedents, we hold that the draft assessment order is invalid and consequently the impugned final assessment order is also unsustainable in law and is set aside. - Decided against revenue
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