9911796707
TMI Blog2025 (1) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... his Petition concerns assessment year 2017-18. 4. The Petitioner seeks relief in terms of prayer clauses (a) and (b), which read as follows: - "a. issue a Writ of Certiorari or writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records of the Petitioner case and after examining the legality and validity thereof quash and set aside the Impugned Penalty Order dated 16th March 2022, the Impugned Penalty Notice dated 30th March 2021, the Impugned Assessment Order dated 30th March 2021, the Impugned Demand Notice dated 30th March 2021 and, the Impugned Recovery Notice dated 30th December 2021 passed by the Respondent; b. issue a Writ of Mandamus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pat Abhang, Deputy Commissioner of Income Tax, Circle-15(1)(2), Mumbai. He focussed on the statements in paragraph 4(iii) and paragraph 5.7(iii) of this affidavit. He submitted that the order dated 30 March 2021 (Exhibit B) was a final assessment order. He submitted that the impugned demand, penalty and recovery notices were based on this final assessment order. Accordingly, he submitted that no reliefs be granted to the Petitioner. 9. The rival contentions now fall for our determination. 10. At the outset, we refer to the order dated 30 March 2021 at Exhibit B pages 50 to 58 of the paper book. Though this order is styled as an 'assessment order,' the record shows that any draft assessment order never preceded this order. That apart, we r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring the course of scrutiny assessment proceedings, the A.O. observed that the petitioner-assessee entered into specified international transaction and therefore, made reference to the Transfer Pricing Officer for computing arm's length price. Also, necessary details were called for and examined by the then A.O. Accordingly, after receipt of order u/s. 92CA (3) of the Act dt. 25.01.2021 passed by the T.P.O., the A.O. prepared Draft Assessment Order on 22.03.2023. The same was approved by the Range Head on 23.03.2023. Subsequently, the draft assessment order was sent to Review Unit on 24.03.2023. The Review Unit has approved the draft assessment order on 27.03.2021. The draft assessment order was pending for signature at the Faceless Uni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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