TMI Blog2018 (12) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... passed on 12th March, 2014 and is being sought to be corrected by issue of corrigendum on 16th April, 2014 i.e. after the time to pass the Draft Assessment Order has expired. In International Air Transport Association v/s. Deputy Commissioner of Income Tax [2016 (2) TMI 897 - BOMBAY HIGH COURT] this Court has held that the Draft Assessment Order is necessary in terms of Section 144C(1) of the Act before the Assessing Officer can proceed to pass a final Assessment Order. In the absence thereof, the order is without jurisdiction. So far the contention on behalf of the Revenue that the Respondent was estopped from challenging the corrigendum dated 16th April, 2004, as it was accepted by it and a representation also filed to the DRP. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eted on 17th October, 2011 under Section 144C(13) read with Section 143(3) of the Act, by making various additions. On challenge, the Tribunal by its order dated 25th January, 2012 set aside the above Assessment Order dated 17th October, 2011 and restored the assessment to the Assessing Officer. This was only for the reason that the Dispute Resolution Panel (DRP) had not dealt with the objections of the Respondent. 5. On the above remand, the Assessing Officer referred the International Transactions to the Transfer Pricing Officer (TPO). On receipt of the Order dated 27th January, 2014 of the TPO, the Assessing Officer passed an Assessment Order on 12th March, 2014 under Section 143(3) read with Section 144(C)(13) of the Act. This on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he time to complete the Assessment, consequent to the order dated 25th January, 2012 of the Tribunal expired on 31st March, 2012. This in terms of Section 153(2A) of the Act. In this case, the Tribunal held that the final order was passed on 12th March, 2012. Thereafter, the Assessing Officer after having become functus Officio, on 16th April, 2014 issued a corrigendum to the order dated 12th March, 2012, seeking to convert the final order of Assessment into a draft order of Assessment. This, the Tribunal found is not permissible as the corrigendum dated 16th April, 2014 was issued after the time to pass the Assessment Order, had expired. In fact, the Tribunal notes and follows the decision of the Madras High Court in similar facts in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al order is appellable to the Tribunal. In this case, it is undisputed that on 12th March, 2014, the Assessing Officer passed a final Assessment Order in terms of the directions made by the DRP in the earlier round. The time to pass any such order, would expire in the present facts on 31st March, 2014, however, in case a Draft Assessment Order is issued, then the time to pass a final Assessment Order gets extended to one month after the passing of the directions by the DRP in terms of Section 144C(13) of the Act. Nevertheless, the Draft Assessment Order should have in the present facts been passed before 31st March, 2014 in terms of Section 153A(2A) of the Act. In this case, undisputedly, a final order was passed on 12th March, 2014 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, 2014 of the Assessing Officer is without jurisdiction, the same can be raised at any time and the principle of estoppel will not apply. Mere consent of parties does not bestow jurisdiction, if the order is beyond jurisdiction. Therefore, we do not find any substance in this objection of the Revenue. Besides, the finding of the Tribunal in the impugned order that the order of the Assessing Officer was beyond the scope of the remand by order dated 25th January, 2012 of the Tribunal. This more particularly so as the remand by the Tribunal was occasioned on account of failure of the DRP to deal with the objections of the Respondent to the Draft Assessment Order. Therefore, making a reference again to the TPO for fixing the ALP, was not calle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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