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2022 (4) TMI 91 - AT - Income TaxTaxing income from off-shore supplies - HELD THAT:- Case records suggest that this tribunal's co-ordinate bench order in assessee's own case itself [2017 (8) TMI 737 - ITAT HYDERABAD] has already decided the very issue of taxability of its off-shore supplies against the department As DR argued the concept of res judicata too is indeed alien to income tax proceedings as per Radhasoami Satsang [1991 (11) TMI 2 - SUPREME COURT] wherein each and every assessment year involves its own facts and circumstances. He fails to pinpoint any distinction vis-à-vis the assessee's taxability in Assessment Year 2009-10 and all the five impugned assessment years during the course of hearing. We thus adopt judicial consistency to accept the assessee's instant substantive ground in very terms. It further succeeds in its corresponding substantive grounds in Assessment Years 2010-11, 2011-12 and 2014-15. Disallowance of customs duty expenses - HELD THAT:- The assessee has strongly emphasized that the corresponding liability on account of customs duty has crystallized only in these twin relevant assessment years. Learned counsel invited our attention to assessment order for Assessment Year 2011-12 involving the corresponding vouchers between 31.08.2010 to 30.10.2011. We thus find prima facie merit in the assessee's argument indicating the impugned expenditure which have been crystallized much later in these assessment years and direct the Assessing Officer to verify the corresponding factual position and allow the same as per law in consequential proceedings. This identical later substantive ground in assessment years 2010-11 and 2011-12 is accepted for statistical purposes. Assessments as non-est since the Assessing Officer had finalized the same without issuing the corresponding draft assessment order u/s. 144C(1) - HELD THAT:- Section 144C(1) of the Act herein envisages that the Assessing Officer shall "Notwithstanding anything to the contrary contained in this Act", in the first instance, forward a draft of the proposed order of assessment i.e. a draft assessment order to the eligible assessee. We thus observe that there would be hardly any denial to the fact that this section 144C(1) of the Act in issue contains a non-obstante clause having overriding effect over other provisions in the Act. Both the draft assessments herein dt. 28.3.2013 and 14.3.2013 continue to hold the field as valid ones only as the latter notices would also in the nature of drafts only in light of 144C(1) of the Act. The assessee fails in its identical additional substantive ground raised in assessment year 2010-11 and 2011-12 Set off of brought forward losses is restored back to the Assessing Officer for his afresh factual verification in the very terms to be finalized within three effective opportunities of hearing.
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