9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 403 - HC - Income TaxValidity of final assessment order passed u/s 143(3) - as argued said assessment order has been passed without waiting for the directions to be passed by the Dispute Resolution Panel (DRP) - HELD THAT - This Court in the cases of S.R.F. Ltd. vs. National Faceless Assessment Centre, Delhi Anr. 2021 (7) TMI 1298 - DELHI HIGH COURT ; Anand NVH Products Private Limited vs. National E Assessment Centre Delhi Anr. 2021 (8) TMI 1262 - DELHI HIGH COURT and Honda Cars Limited vs. Deputy Commissioner of Income Tax 2021 (6) TMI 820 - DELHI HIGH COURT has decided a similar issue in favour of assessee and remitted the matter to the DRP for consideration under Section 144(C) of the Act. Keeping in view the aforesaid, present writ petition is allowed and the assessment order dated 16th November, 2023 passed u/s 143(3) of the Act is quashed and the AO is directed to pass a fresh assessment order after receipt of the directions from the DRP.
Issues Involved:
The petitioner challenged a final assessment order under Section 143(3) of the Income Tax Act, 1961, contending that it was passed without waiting for directions from the Dispute Resolution Panel (DRP). Details of the Judgment: Issue 1: Jurisdiction of Assessing Officer The petitioner argued that the final assessment order was illegal and without jurisdiction since objections were pending before the DRP. The Assessing Officer completed the assessment without waiting for the objections to be resolved, contrary to Section 144(C)(4) of the Act. Issue 2: Legal Precedents The Court cited previous cases such as S.R.F. Ltd. vs. National Faceless Assessment Centre, Anand NVH Products Private Limited vs. National E Assessment Centre Delhi, and Honda Cars Limited vs. Deputy Commissioner of Income Tax. In these cases, similar issues were decided in favor of the assessee, leading to the matter being remitted to the DRP for consideration under Section 144(C) of the Act. Judgment: Considering the precedents and the petitioner's arguments, the Court allowed the writ petition, quashed the assessment order dated 16th November 2023, and directed the Assessing Officer to pass a fresh assessment order after receiving directions from the DRP. The writ petition and related applications were disposed of accordingly.
|
