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TMI Blog2023 (9) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... ") 2014-15. 2. The assessee has raised the following grounds: "1. Validity of the order passed u/s 143(3) r.w.s 263 of the Income-tax Act, 1961 ("the Act") 1.1 On the facts and circumstances of the case and in law, the Ld. AO has erred in passing the final assessment order without recoursing the statutory requirements of Section 144C of the Act of passing the draft assessment order before passing final assessment order and therefore the impugned assessment order passed u/s 143(3) r.w.s 263 of the Act on 30.12.2019 is bad in law and void ab initio and deserves to be cancelled/ annulled / set aside in light of the Judicial pronouncement of Delhi High Court in the case of JCB India Limited v DCIT (Writ petition 3399/2016), Turner Internat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tead of 31.12.2019. Hence, the impugned order passed by Ld. AO under section 143(3) read with section 263 of the Act is barred by limitation and deserved to be set aside. 2. Denial of benefit of beneficial ownership as provided under Article 11 of India - Cyprus Treaty 2.1 On the facts and circumstances of the case and in law, the Ld. AO, pursuant to the order passed u/s 263 of the Act by the Ld. CIT, has erred in passing the impugned assessment order and holding that the Appellant was not the "beneficial owner" of interest income of INR 3,75,95,192/- earned on compulsory Convertible debenture ("CCDs") and thereby not entitled to get the tax treaty relief under Article 11 of India-Cyprus Double Tax Avoidance Agreement ("DTAA") which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be considered in a holistic manner and the commercial purpose of the entity/appellant. 3. Without prejudice to ground no. 2, on the facts and circumstances of the case and in law, the Ld. AO, pursuant to the order passed u/s 263 of the Act by the Ld. CIT, has erred in not allowing the deduction while calculating income as per the provisions of the Act of interest paid on unsecured loan which is available under section 57 of the Act and incurred wholly and exclusively for the purpose of earning interest income from CCDs. 4. on the facts and circumstances of the case and in law, the learned AO has erred in calculating interest under Section 234A / 234B / 234C / 244A of the Act while determining the tax liability of the Appellant. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts which are on record in the assessment proceedings there is no reason why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess the tax liability of an assessee. We, therefore following the decision (supra) of the Hon'ble Apex Court admitted the above additional ground. 5. We now proceed to consider the legal issue raised by the assessee before us in the additional ground. 6. The Ld. AR invited our attention to the Ld. AO's order dated 30.12.2019 passed under section 263/143(3) of the Act which is the subject matter of appeal before the Tribunal. He pointed out that it will be observed that there is no mention of Document Identification No. ("DIN") in the body of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cords. On perusal of the impugned order dated 30.12.2019 of the Ld. AO on record we observed that mention of DIN is conspicuous by its absence in the body of the order. It is evident from the evidence submitted by the Ld. CIT-DR that the PDF of the impugned order was e-mailed to the assessee on 31.12.2019 at 6.54 pm at the given e-mail ID of the assessee. However, it is also apparent that there is no mention of DIN in this communication. Scanned copy of order was also sent which did not contain DIN. 10. We have perused the intimation for impugned order sent by the Ld. AO to the assessee placed before us by the Ld. CIT(DR) and find that the said intimation is different from the intimation referred to by the assessee which appears at page 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by any Income Tax Authority to the assessee or any other person on or after the 1st day of October, 2019 unless a computer generated DIN has been allotted and is duly quoted in the body of such communication. Undoubtedly the impugned assessment order is one such communication which has been issued by the Ld. AO without allotting a computer generated DIN and duly quoting in the body of the impugned assessment order. There is thus clear violation of the specific requirement under the CBDT Circular No. 19/2019 to quote the DIN in the body of the impugned assessment order. 13. Para 3(i),(ii),(iii),(iv) and (v) of the Circular No. 19/2019 enumerate the exceptional circumstances in which the Income Tax Authority may issue the communicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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