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International Air Transport Association Versus Deputy Commissioner of Income Tax and Others

2016 (2) TMI 897 - BOMBAY HIGH COURT

Validity of assessment - Jurisdiction of AO - Held that:- An draft assessment order passed under Section 144C(1) of the Act bestows certain rights upon an eligible assessee such as to approach the DRP with its objections to such a draft assessment order. This is for the reason that an eligible assessee's grievance can be addressed before a final assessment order is passed and appellate proceedings invoked by it. However, these special rights made available to eligible assessee under Section 144C .....

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jurisdiction. Consequent orders passed on rectification application as well as on penalty are also quashed and set aside being unsustainable. - WRIT PETITION(L)NO. 351 OF 2016 - Dated:- 18-2-2016 - M.S.SANKLECHA & B.P.COLABAWALLA, JJ. Mr. P. F. Kaka, Senior Advocate a/w Mr. Divesh Chawla i/b Atul K. Jasani,for the Appellant Mr. Charanjeet Chanderpal, for the Respondent. ORDER P. C.: At the request of the parties, the Petition is disposed of finally at the stage of admission. 2 This Petition .....

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23rd March, 2015. 3 It is the case of the Petitioner that it is a foreign company. Therefore, governed by Section 144C(1) of the Act. In terms thereof, the Assessing Officer is required to pass a draft assessment order under Section 144C(1) before he passes a final order under Section 143(3) of the Act. In this case, the assessment order dated 23rd March, 2015 was passed under Section 143(3) of the Act without having been preceded by a draft assessment order as mandated by Section 144C(1) of the .....

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use the objections had been filed in respect of a final order under Section 143(3) of the Act and not in respect of the draft assessment order passed under Section 144C(1) of the Act. The order dated 7th October, 2015 of the DRP holds that its jurisdiction is only to entertain objections with regard to draft assessment order passed under Section 144C(1) of the Act. 5 However, it is pertinent to note that the order dated 7th October, 2015 of the DRP in paragraph (3) thereof records that There is .....

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