TMI Blog2021 (4) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... and the due date for completion of assessment proceedings and passing the assessment order as per Section 153 would be 31/12/2018. As against this, the final assessment, in the present case, has been passed on 27/09/2019 and therefore clearly barred by limitation. The fact of issuance of draft assessment order, when it was not legally required to be issued, could not end up enhancing the time limit for completion of the assessment u/s 143(3). Thus we allow the additional ground of appeal and hold that the assessment framed by learned Assessing Officer was time barred and hence quashed. - I.T.A. No. 7299/Mum/2019 - - - Dated:- 5-4-2021 - HON BLE SHRI MAHAVIR SINGH, VP AND HON BLE SHRI MANOJ KUMAR AGGARWAL, AM For the Assessee : S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier Assessment Years i.e. 2013-14 2014-15 has already been heard by this very bench on identical ground and therefore, the adjudication in those appeals would equally apply to this appeal also. However, Ld. DR, by referring to the amendment brought into Section 144C(1) w.e.f. 01/04/2020, submitted that the amendment was intended to protect the interest of an eligible assessee and provide a fast track dispute resolution mechanism whereby only a draft assessment order will be issued which would be subject to the scrutiny of collegiums of Three Commissioners of Income Tax to rule out any judgmental errors of the assessing office including tax demand arising on account of denial of treat benefits absent variation in the returned income. With ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of Section 144C(1) would not apply and the due date for completion of assessment proceedings and passing the assessment order as per Section 153 would be 31/12/2018. As against this, the final assessment, in the present case, has been passed on 27/09/2019 and therefore clearly barred by limitation. The fact of issuance of draft assessment order, when it was not legally required to be issued, could not end up enhancing the time limit for completion of the assessment u/s 143(3). 5. We find that we have already adjudicated this issue in assessee s own case for AYs 2013-14 2014-15 (ITA Nos. 7130/Mum/2017 7236/Mum/2018 common order dated 26/03/2021). In the said order, relying upon the decision of coordinate bench of Tribunal in IPF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, uphold the plea of the assessee on this point. 7. Coming to the second point, we find that there is no dispute that if no draft assessment order was to be issued in this case, the assessment would have been time barred on 31st December 2017 but the present assessment order is passed on 17th August 2018. Once we hold that no draft assessment order could have been issued in this case, as the provisions of Section 144C(1) could not have been invoked in this case, the time limit of completion of assessment was available only upto 31st December 2017. The mere issuance of draft assessment order, when it was legally not required to be issued, cannot end up enhancing the time limit for completing the assessment under section 143(3). We, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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