9911796707
TMI Blog2025 (1) TMI 1478X X X X Extracts X X X X X X X X Extracts X X X X ..... O. The final assessment order passed without following mandatory provisions set out u/s. 144C of the Act is without jurisdiction, hence, liable to be quashed. Timelines in passing the assessment order as time barred -Assessment order was passed by the AO on 29.09.2021 i.e. almost after 12 months from the end of month in which the DRP directions were passed. Even if, benefit of TOLA is allowed to the AO the notification issued on 27.04.2021 under TOLA, extended time for passing order u/s. 144C(13) of the Act up to 30.06.2021, hence, final assessment order passed by the AO is time barred. [Re. Shell India Markets P. Ltd. [2022 (2) TMI 1149 - BOMBAY HIGH COURT]). Hence, assessment order dated 29.09.2021 is barred by limitation. Assessee appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The AO was required to pass Assessment Order giving effect to the directions of DRP within one month from the end of month in which DRP directions are received. In the present case, the DRP had issued directions on 30.09.2020 and order giving effect to directions is passed on 29.09.2021. Since, the DRP directions were issued during Covid-19 pandemic period, even if, the benefit of time extended by Taxation and Other Laws (Relaxation and amendment of certain provisions) Act, 2020 (in short 'TOLA') is allowed, the extended time limit for passing final assessment order was up to 30.04.2021. Hence, assessment order dated 29.09.2021 is time barred. 4. Per contra, Shri S.K Jhadav representing the department vehemently defended the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and demand was raised and penalty imposed, such final assessment order is invalid. The Hon'ble High Court further held that, the mistake committed by the Revenue in not following mandatory requirements of section 144C of the Act by passing an order u/s. 143(3) of the Act cannot be cured by issuance of a corrigendum. Order passed without following mandatory requirements of section 144C of the Act is not a procedural irregularity that can be corrected through issuance of corrigendum and held the order invalid. In the instant case, a perusal of assessment order dated 12.12.2019 shows that the assessment order has been passed u/s. 143(3) of the Act and not u/s. 144C(1) of the Act. Further, issuance of demand notice and penalty notice along ..... X X X X Extracts X X X X X X X X Extracts X X X X
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