9911796707
TMI Blog2018 (10) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... AT DELHI] was of the view that the Administrative Commissioner does not have power to revise the draft assessment order. We hold that the CIT is not justified in invoking his revisionary jurisdiction u/s 263 of the I.T.Act as against the draft assessment order, which in this case already merged with the final assessment order dated 25.01.2017. It is ordered accordingly. - ITA No.108/Coch/2018 - - - Dated:- 3-10-2018 - Shri Chandra Poojari, AM And Shri George George K, JM For The Appellant : Sri.Salil Kapoor Ms.Ananya Kapoor For The Respondent : Sri. A.Santham Bose, CIT-DR ORDER Per George George K., JM This appeal at the instance of the assessee is directed against the order of the Commissioner of Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied suitably. 3. The only issue that is raised in this appeal is whether the Administrative Commissioner has jurisdiction to pass order u/s 263 of the I.T.Act as against draft assessment order. The learned Counsel for the assessee has submitted that in assessee s own case for assessment year 2010-2011 in ITA No.222/Coch/2016 (order dated 10.01.2017) had held that draft assessment order cannot be revised u/s 263 of the I.T.Act. The learned Departmental Representative present was duly heard. 4. We have heard the rival submissions and perused the material on record. The Cochin Bench of the Tribunal in assessee s own case for assessment year 2010-2011 had held that draft assessment order cannot be revised u/s 263 of the I.T.Act. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prejudicial to the interest of the revenue. If no final liability, pursuant to which a demand notice can be issued, is capable of determination at that stage, such a draft order ceases to be characterized as an order capable of revision u/s 263. A draft order precedes the order. Only when a draft order is either not objected to by the assessee or is approved by the DRP, that the final order is passed determining the liability of the assessee, post which, a notice of demand is issued. 13. A draft order, as such, is not appealable, except to be challenged by the assessee before the DRP, which exercises the power, inter alia, to make enhancement. The very rationale in the giving the power of enhancement to the DRP is to correct the dra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
