TaxTMI 
TaxTMI 
2014 (1) TMI 1427
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....passed u/s 143(3) r.w.s 144C(13) and the another appeal in ITA No. 6003/M/2012 filed against the order dated 27.7.2012 of the Commissioner of Income Tax(Appeals) arising from assessment order dated 19.8.2010 u/s 143(3) r.w.s 144C(3). 3. We have heard the Ld. Senior Counsel as well as Ld. DR and considered the relevant material on record. The assessee is a banking entity incorporated in United States of America and carrying on banking activity/business in India through its branch. The Ld. Senior Counsel has pointed out that in the case of the assessee a draft assessment order issued by the AO on 29.12.2009 against which the assessee filed objections before the DRP. Subsequently vide letter dated 24.2.2010 the assessee made a request for wit....
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....ce of the DRP order whereby the objections filed by the assessee were dismissed as withdrawn and AO was directed to complete assessment as per draft order. 5. Having considered the rival submissions and careful perusal of the relevant material on record we find that the AO passed the draft order dated 29.12.2009 against which the assessee filed the objection vide letter dated 1.2.2010 before the DRP. However, subsequently, in view of the CBDT circular dated 20.1.2010 whereby it was made clear that the assessee has the option to either file objections before the DRP or to challenge the assessment framed as per the normal appellate channel, the assessee withdrew the objections vide letter dated 24.2.2010. The DRP accordingly dismissed the ob....
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.... sub. Sec. 5 of section 144C of the Act. Hence, the assessment order passed on 19.8.2010 by the Assessing Officer is without any jurisdiction and unwarranted and therefore the same is not sustainable under law. Further when the AO has already passed an order dated 25.2.2010 u/s 144C(3) then there is no question of passing a further order u/s 144C(13). 6. In view of the facts and circumstances of the case we hold that the order dated 19.8.2010 passed by the AO subsequent to the directions of the DRP is invalid and accordingly the same is quashed. Consequently the appeal filed against the said order in ITA No. 7129/M/2010 becomes infructuous and accordingly dismissed. We find that the CIT(A) has dismissed the appeal of the assessee filed aga....