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2023 (6) TMI 346 - AT - Income TaxValidity of assessment order u/s 143(3) r.w.s. 144C(13) - DRP held that once the final order has been passed u/s 143(3) same cannot be annulled/modified/amended at a subsequent date on the ground that the same order passed inadvertently - HELD THAT:- Surprisingly, while implementing the directions of DRP in terms of section 144C(13) AO has virtually replicated the draft assessment order, which is contrary to the statutory mandate of section 144C(13) , hence, in excess of jurisdiction or wholly without jurisdiction. Once, DRP has held that after passing of the assessment order u/s 143(3) the same cannot be annulled, modified, amended at a subsequent date, the only course left open to the AO was to implement the directions of DRP in letter and spirit and drop the assessment proceedings and nothing else. As per the scheme of the Act, once an assessment order has been passed under Section 143(3) of the Act in respect of any assessment year, the Assessing Officer cannot tinker with that assessment. The statue does not confer any powers on the AO to either withdraw or modify or substitute the assessment order passed u/s 143(3) of the Act with another assessment order. Thus the impugned assessment order passed, being wholly without jurisdiction or in excess of jurisdiction, is unsustainable, hence, deserves to be set aside - Appeal of assessee allowed.
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