TMI Blog2021 (5) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... ake any variation in the income of the assessee, therefore, the assessment order should have been framed as per the provisions of section 153 r.w.s. 143(3) of the Act meaning thereby that the assessment order dated 07.09.2018 is barred by limitation. In the light of the facts mentioned elsewhere when considered within the provisions of section 144C(1) we have no hesitation to hold that the assessment order is barred by limitation. - ITA No.7397/DEL/2018 - - - Dated:- 19-5-2021 - SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND Sh. AMIT SHUKLA, JUDICIAL MEMBER For the Appellant : Sh Ketan Ved-CA For the Respondent : Sh. Prabha Kant, CIT-DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, With this appeal, the assessee ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the assessee why the treaty benefit should not be disallowed. The assessee filed detailed reply in support of its claim of treaty benefit. The replies of the assessee do not find favour with the Assessing Officer who disallowed the treaty benefit and assessed the income @20%. 4. The assessee raised objections before the DRP but without any success. 5. Before us, the counsel for the assessee vehemently stated that the assessment order dated 07.09.2018 is barred by limitation in as much as there was no need to frame a draft assessment order as per provisions of section 144C(13) of the Act. The counsel relied upon various judgments of the Co-ordinate Benches. 6. The DR strongly supported the findings of the lower authorities. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forward the draft of the proposed order if he proposes to make any variation in the income or loss returned. The aforestated proposal in the draft assessment order clearly show that the Assessing Officer did not intend to make any variation in the income of the assessee, therefore, the assessment order should have been framed as per the provisions of section 153 r.w.s. 143(3) of the Act meaning thereby that the assessment order dated 07.09.2018 is barred by limitation. 10. In the light of the facts mentioned elsewhere when considered within the provisions of section 144C(1) supra, we have no hesitation to hold that the assessment order is barred by limitation. 11. Since, we have held that the assessment is barred by limitation we do n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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