TMI Blog2021 (12) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE NAVIN CHAWLA Petitioner Through Mr. Salil Kapoor, Mr. Sumit Lalchandani, Ms. Ananya Kapoor, Ms. Soumya Singh, Mr. Sanat Kapoor, Advs. Respondent Through Mr. Sanjay Kumar, Sr. SC, Ms. Easha Kadiyan, Adv. NAVIN CHAWLA, J. (Oral) 1. This petition has been filed by the petitioner challenging the Final Assessment Order dated 30.06.2021 passed by the respondent under Section 143(3) read with Section(s) 144C(3) and 144B of the Income Tax Act, 1961 (hereinafter referred to as the Act ) for the Assessment Year 2017-18. 2. The learned counsel for the petitioner submits that the petitioner had filed its return of income for the concerned Assessment Year on 29.11.2017. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time permitted, the Assessing Officer could not have passed the Impugned Final Assessment Order without awaiting the directions of the DRP on such objections. He further places reliance on the Orders passed by the Supreme Court in Suo Motu Writ Petition (Civil) No. 03 of 2020, In Re: Cognizance for Extension of Limitation and CBDT Circular No. 10 of 2021 dated 25.05.2021 to contend that the period of limitation for filing of the objections stood extended and therefore, the objections having been filed within the time permitted, the Impugned Final Assessment Order is without jurisdiction. The learned counsel for the petitioner, in support of his submissions, places reliance on the following judgments: i. Judgment dated 14.07.2021 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es its order on the reference filed by the petitioner therein. 6. We have considered the submissions made by the learned counsels for the parties. 7. In view of the CBDT Circular dated 30.04.2021, the objections filed by the petitioner before the DRP were clearly within the time. The same has now been heard on merit by the DRP. Therefore, keeping in view of the scheme of Section 144C of the Act and the above-referred judgments of this Court as also of the Calcutta High Court and the Bombay High Court, we set aside the Impugned Final Assessment Order dated 30.06.2021, directing the respondent to act in accordance with the procedure stipulated in Section 144C of the Act. 8. Accordingly, the writ petition along with pending applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
