9911796707
TMI Blog2024 (9) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... sion Mauritius Ltd. [ 2023 (8) TMI 1496 - DELHI HIGH COURT ] had taken a similar view. The contention of the assessee in the aforesaid proceedings was to the effect that the assessment orders as also the demand/penalty notices were illegal and void ab initio inasmuch as the same were beyond the prescribed limitation for completion of the assessment as prescribed by Section 153 of the Income-tax Act, 1961 (for short the Act ) read with Section 144C. In Shelf Drilling (supra) the Division Bench of this Court had held that the provisions of Section 153 of the Act which provide for the period of limitation is necessarily applicable to the proceedings u/s 144C of the Act. We have also noted in our order that the decisions as rendered by this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 156 of the Act. for AY 2021-22 by the Respondent no. 2 to the Petitioner ( the Impugned Demand Notice ); (iii) Notice for penalty dated 11.08.2024 issued under Section 274 read with Section 270A of the Act for AY 2021-22 by the Respondent no. 2 to the Petitioner ( the Impugned Penalty Notice ); (iv) Notice for penalty dated 03.06.2024 issued under Section 274 read with Section 271G of the Act for AY 2021-22 by the Respondent no. 4 to the Petitioner ( the Impugned TP Penalty Notice ); (v) Draft Assessment Order dated 27.06.2024 issued under Section 144C (1) of the Act for A Y 2021-22 by the Respondent no. 2 to the Petitioner ( the Impugned Draft Order ); (vi) Order dated 16.05.2024 passed under Section 92CA (3) of the Act for AY 2021-22 by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that the present proceedings pertains to the assessment year 2021-22. The reliefs are also identical to the reliefs which are prayed in the prior petition filed by the Petitioner as noted by us hereinabove. 4. We may observe that after hearing learned Counsel for the parties in the proceeding of Writ Petition (L) No.30944 of 2023, we have passed a detailed order considering the rival contentions and more particularly the petitioner s case that the issue as raised in the proceedings stood covered in view of the decision of this Court in the case of Shelf Drilling Ron Tappmeyer Limited vs. Assistant Commissioner of Income Tax Ors. (2023) 457 ITR 161 (Bom.), as also a similar view being taken by the Madras High Court in the case of Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is pending for final hearing. 6. In this view of the matter, we are inclined to pass similar orders as also tag this petition to be heard alongwith Writ Petition (L) No.30944 of 2023. Hence the following order; i) Rule. Respondents waive service. ii) By way of an interim relief the final impugned assessment order dated 11 August, 2024 passed under Section 143(3) read with Section 144C(3) and 144B as also the consequent demand notice of the even date and the penalty proceedings shall remain stayed. iii)Let reply affidavit to the petition be filed within a period of six weeks form today. iv) Liberty to the parties to apply, in the event orders relevant to the issue of law as involved, are passed by the Supreme Court and the final decision r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
