TaxTMI 
TaxTMI 
2020 (12) TMI 855
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....ment order made u/s. 143(3) r.w.s. 254 of the Act is invalid by relying on the decision of the Hon'ble High Court of Delhi in the case of M/s. JCB India Ltd., without appreciating the fact that the SLP filed by the Revenue vide appeal No. SLPC-26331/2018 against the said order of the Hon'ble High Court of Delhi, is pending for disposal and the issue has not reached finality. 3. The learned CIT(A) erred in holding that the assessment order made u/s. 143(3) r.w.s. 254 of the Act is invalid by relying on the Hon'ble Supreme Court in the case of Control Risk India Pvt. Ltd., since the said decision of the Apex Court cannot be taken to have laid down any principle of law as only the SLP has been dismissed in that case. 4. In the ....
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....T. Act on 31.10.2017 by making TP adjustment of Rs. 2,39,33,030. The A.O. passed final assessment order u/s. 143(3) r.w.s. 92CA(3) & 254 of the I.T. Act, without passing a draft assessment order. 4. Aggrieved by final assessment order passed by the Assessing Officer, the assessee preferred an appeal to the first appellate authority. The assessee challenged the issues both on merits and on technical grounds. It was submitted that the Assessing Officer erred in passing an order u/s. 143(3) r.w.s. 254 of the I.T. Act without passing a draft assessment order, thereby not complying with the provisions of section 144C of the I.T. Act. The CIT(A), by relying various judicial pronouncements, held that the assessment order passed by the A.O. u/s. 1....
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....iance with the mandatory provision contained in section 144C(1) of the Act requiring the Assessing Officer to first frame draft assessment orders. The question whether the final assessment order stands vitiated for failure to adhere to the mandatory requirements of first passing draft assessment order in terms of section 144C(1) of the Act is no longer res integra. There is a long series of decisions to which reference would be made presently. In Zuari Cement Ltd. v. Asst. CIT (decision dated February 21, 2013 in W.P. (C) No. 5557 of 2012), the Division Bench (DB) of the Andhra Pradesh High Court categorically held that the failure to pass a draft assessment order under section 144C(1) of the Act would result in rendering the final asse....
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....290 CTR (Bom) 46, came to the same conclusion. Mr. Dileep Shivpuri, learned counsel for the Revenue sought to contend that the failure to adhere to the mandatory requirement of issuing a draft assessment order under section 144C(1) of the Act would, at best, be a curable defect. According to him the matter must be restored to the Assessing Officer to pass a draft assessment order and for the petitioner, thereafter, to pursue the matter before the Dispute Resolution Panel. The court is unable to accept the above submission. The legal position as explained in the above decisions is unambiguous. The failure by the Assessing Officer to adhere to the mandatory requirement of section 144C(1) of the Act and first pass a draft assessment order ....