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TMI Blog2016 (2) TMI 897X X X X Extracts X X X X X X X X Extracts X X X X ..... eing preceded by draft assessment order. The assessment order dated 23rd March, 2015 passed by the Assessing Officer for the assessment year 2012-13 is completely without jurisdiction. This is so as it has not been preceded by a draft assessment order. Hence, the foundational/basic order viz. the assessment order dated 23rd March, 2015 is set aside and quashed as being without jurisdiction. Consequent orders passed on rectification application as well as on penalty are also quashed and set aside being unsustainable. - WRIT PETITION(L)NO. 351 OF 2016 - - - Dated:- 18-2-2016 - M.S.SANKLECHA B.P.COLABAWALLA, JJ. Mr. P. F. Kaka, Senior Advocate a/w Mr. Divesh Chawla i/b Atul K. Jasani,for the Appellant Mr. Charanjeet Chande ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jection in terms of Section 144C(2) of the Act to the Dispute Resolution Panel( DRP ). By an order dated 7th October, 2015, the DRP refused to pass any direction on the objections because the objections had been filed in respect of a final order under Section 143(3) of the Act and not in respect of the draft assessment order passed under Section 144C(1) of the Act. The order dated 7th October, 2015 of the DRP holds that its jurisdiction is only to entertain objections with regard to draft assessment order passed under Section 144C(1) of the Act. 5 However, it is pertinent to note that the order dated 7th October, 2015 of the DRP in paragraph (3) thereof records that There is no dispute that the assessee is a foreign company . This posit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he view we have taken in the present facts also finds support from the unreported decision of the Andhra Pradesh High Court in M/s. Zuari Cement Limited v/s ACIT(Writ Petition No.5557 of 2012) rendered on 21st February, 2013 from which an SLP preferred by the Revenue has also been dismissed by the Apex Court by an order dated 27th September, 2013. 8 Thus, we set aside the assessment order dated 23rd March, 2015, the order dated 30th April, 2015 on the Petitioner's rectification application and the order dated 29th September, 2015 imposing penalty upon the Petitioner. However, it is made clear that the parties are free to take such action and/or defenses as are available to them in law. All contentions of both the parties are kept ope ..... X X X X Extracts X X X X X X X X Extracts X X X X
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