2023 (12) TMI 1384 - HC - Income Tax

Validity of final assessment order passed u/s 143(3) r.w.s. 144C(3) and 144B - Petitioner had filed its objections u/s 144C(2) with DRP, however, did not upload the objections in the portal due to a technical impediment in the portal - HELD THAT - As Faceless Assessing Officer unaware of the fact that the Petitioner has filed its objections, proceeded to pass the assessment order without waiting for the directions of DRP under Sub-section 5 of Section 144C of the Act. Therefore, without going into merits of the matter and in view of the view expressed by us in Sulzer Pumps India Private Limited 2021 (12) TMI 891 - BOMBAY HIGH COURT and Pepsico India Holdings Private Limited 2023 (12) TMI 226 - DELHI HIGH COURT we hereby quash and set aside the assessment order.

Summary

The Bombay High Court quashed the final assessment order passed under Section 143(3) of the Income Tax Act due to the Assessing Officer not waiting for directions from the Dispute Resolution Panel. The court also set aside the notice of demand. The Assessing Officer is directed to pass a new assessment order after receiving directions from the DRP. Petition disposed, with all rights and contentions of parties kept open.