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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 ..... et Chanderpal, for the Respondent. ORDER P. C.: At the request of the parties, the Petition is disposed of finally at the stage of admission. 2 This Petition under Article 226 of the Constitution of India challenges the following orders:- (a) The assessment order dated 23rd March, 2015 passed by the Aswale 1/5 Assessing Officer under Section 143(3) of the Income Tax Act, 1961(the "Act"); ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order dated 23rd March, 2015 and the consequent order on rectification as well as on penalty, according to the Petitioner, is without jurisdiction and need to be quashed and set aside. 4 The Petitioner had consequent to the assessment order dated 23rd March, 2015 filed its objection in terms of Section 144C(2) of the Act to the Dispute Resolution Panel("DRP"). By an order dated 7th Oc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nter alia mean any foreign company. Therefore, a draft assessment order under Section 144C(1) of the Act is mandated before the Assessing Officer passes a final order under Section 143(3) of the Act in case of eligible assessee. An draft assessment order passed under Section 144C(1) of the Act bestows certain rights upon an eligible assessee such as to approach the DRP with its objections to such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Consequent orders passed on rectification application as well as on penalty are also quashed and set aside being unsustainable. 7 The 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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