2025 (1) TMI 1357 - HC - Income Tax

Draft assessment order v/s final assessment order - Whether final order was never preceded by a draft assessment order? - HELD THAT - As mandatory procedures were not followed but seek to apportion the blame on the faceless assessing officer. In any event based on the above statements relied upon we cannot hold that the order dated 30 March 2021 is the final assessment order and not a draft assessment order. As based on a draft assessment order the Respondents were not justified in issuing the impugned demand notice dated 30 March 2021 penalty order dated 16 March 2022 and recovery notices dated 30 December 2021. Accordingly all these are liable to be set aside and are hereby quashed and set aside. Since we have held that the order was only a draft assessment order it cannot be set aside. However based on this draft assessment order the Respondents could not have made any tax or penalty demands or sought recovery of tax or penalty.

ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment were:

1. Whether the order dated 30 March 2021 was a draft assessment order or a final assessment order.

2. Whether the issuance of the impugned demand notice, penalty order, and recovery notice based on the order dated 30 March 2021 was justified.

ISSUE-WISE DETAILED ANALYSIS

1. Nature of the Order Dated 30 March 2021

Relevant legal framework and precedents: The legal framework revolves around Section 144C(2) of the Income Tax Act, 1961, which mandates that a draft assessment order must precede a final assessment order. The assessee must be given an opportunity to accept the variations or file objections before the Dispute Resolution Panel (DRP) and the assessing authority.

Court's interpretation and reasoning: The Court examined the order dated 30 March 2021, which was styled as an 'assessment order.' However, it was not preceded by any draft assessment order. Clause 8 of this order explicitly referred to it as a draft order, allowing the assessee to file objections, which indicated its non-final nature.

Key evidence and findings: The Court noted the language in Clause 8 of the order, which stated that if no objection was received, the assessment would be completed "on the basis of this draft order." Additionally, references to 'proposed additions' in the order further supported its characterization as a draft assessment order.

Application of law to facts: The Court applied Section 144C(2) to conclude that the order dated 30 March 2021 was a draft assessment order, as it was not preceded by any draft assessment order and contained language indicating its draft status.

Treatment of competing arguments: The Respondent argued that the order was a final assessment order, supported by affidavits stating that the mandatory procedure was not followed. The Court found these statements to virtually admit procedural lapses, undermining the Respondent's position.

Conclusions: The Court concluded that the order dated 30 March 2021 was a draft assessment order and not a final assessment order.

2. Justification for Issuance of Impugned Notices

Relevant legal framework and precedents: Legal principles dictate that demand notices, penalty orders, and recovery notices should be based on a final assessment order, not a draft assessment order.

Court's interpretation and reasoning: Since the order dated 30 March 2021 was determined to be a draft assessment order, the issuance of subsequent notices based on it was unjustified.

Key evidence and findings: The Court relied on the characterization of the order as a draft assessment order to find that the impugned notices were issued prematurely and without legal basis.

Application of law to facts: The Court applied the principles that procedural requirements must be adhered to before issuing demand and penalty notices, finding that the Respondents failed to do so.

Treatment of competing arguments: The Respondent's argument that the notices were justified was undermined by their own admissions of procedural lapses.

Conclusions: The Court concluded that the impugned demand notice, penalty order, and recovery notice were not justified and were liable to be quashed.

SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "The circumstance that the order dated 30 March 2021 was never preceded by a draft assessment order coupled with the above-quoted Clause 8 clarifies that the order dated 30 March 2021 was only a draft assessment order."

Core principles established: The Court reaffirmed the necessity of adhering to procedural requirements, specifically the issuance of a draft assessment order before a final assessment order, as per Section 144C(2) of the Income Tax Act, 1961.

Final determinations on each issue: The Court determined that the order dated 30 March 2021 was a draft assessment order and that the subsequent impugned notices were unjustified and quashed them accordingly.

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