Validity of assessment u/s. 144C(13) - Going by the mandate of ...

Assessment Invalid: AO Missed Deadline u/s 144C(13), Finalized After Statutory Period, Deemed Ultra Vires.

February 29, 2020

Case Laws Income Tax AT

Validity of assessment u/s. 144C(13) - Going by the mandate of sub-section (3) of section 144C(3)/144C(4), the AO was supposed to complete the assessment on the basis of the draft order by February, 2019. As against this, the AO actually completed the assessment u/s. 144C(13) on 24.10.2019. Such a completion of assessment not only under the wrong provision but also beyond the limitation period is ultra vires and hence cannot stand. - AT

View Source

← Previous Next →

Validity of assessment u/s. 144C(13) - Going by the mandate of ...

Assessment Invalid: AO Missed Deadline u/s 144C(13), Finalized After Statutory Period, Deemed Ultra Vires.

February 29, 2020

Case Laws Income Tax AT

You may also like:

ITAT upheld CIT(A)'s decision that assessment order under s.143(3) r.w.s. 144C(3) r.w.s. 144B was time-barred. TPO reference under s.92CA(1) was made on 13.09.2021, with...

The ITAT Delhi held that the assessment u/s 144C(13) was time-barred, questioning the legality of the final assessment order. Referring to the case of GS Chatha Rice...

ITAT determined assessment order under sections 263/143(3)/147 was time-barred and invalid. Though AO passed order on 30.12.2015, it was served to assessee on...

Validity of assessment order passed u/s. 143(3) r.w.s. 144C(13) read with section 144B - the assessment order has been passed beyond the time limit prescribed u/s....

Assessment u/s 144C(13) - Time limit for completion of assessments and reassessments - Sub-section (13) to Section 144C, in my view, imposes a restriction on the...

Assessment u/s. 144C(13) - time limit for completion of the assessment order u/s. 144C(13) - The relaxation under TOLA would not be applicable to the assessment orders...

Assessment u/s 144C - It is not in dispute that if no directions are issued, AO need not wait u/s 144C (13). However, the fact remains that once objections are filed...

Final assessment order passed u/s 143(3) read with Section 144C(13) subsequent to Dispute Resolution Panel (DRP)/Transfer Pricing Officer (TPO) directions deemed invalid...

The Appellate Tribunal considered the validity of final assessment orders passed beyond the limit set by section 144C(13). It was held that the Assessing Officer (AO)...

HC ruled that time limits under Section 144C(13) for completing assessments following DRP directions are mandatory, not directory. The AO must pass orders within one...

HC held assessment order invalid due to fundamental procedural defects in implementing Faceless Assessment Scheme. Original order failed to qualify as Draft Assessment...

The Appellate Tribunal considered the validity of a scrutiny assessment conducted by an Additional Commissioner of Income Tax (Addl. CIT) under section 143(3) read with...

The assessment order passed u/s 144C(3) was beyond the prescribed period of one month from the end of the month in which the period for filing objections u/s 144C(2)...

The HC held that the assessment orders dated 30.08.2022 and 01.09.2022 were issued beyond the permissible limitation period. As per Section 144C(13), the AO must...

The Appellate Tribunal held that the assessment orders issued u/s 153C for the assessment years 2011-12 and 2012-13 were beyond the jurisdiction of the Assessing Officer...

Quick Updates: