2022 (2) TMI 986

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....dents : Sunil Agarwal , Senior Standing Counsel JUDGMENT 1. The present writ petition has been filed challenging the impugned assessment order dated September 22, 2021 issued under section 143(3) of the Income-tax Act, 1961 (for short "the Act") for the assessment year 2019-20. 2. Learned counsel for the petitioner states that the impugned assessment order has been passed by the respondents by ....

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....rder in case any variation is to be made which is prejudicial to the interest of the assessee. 5. He points out that under section 144C, certain vested rights are given to a foreign company whereby on receipt of the draft assessment order, the foreign company-assessee is entitled to file its objections to the Dispute Resolution Panel (DRP) which shall be adjudicated by them pursuant to a quasi-ju....

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....that the Assessing Officer in the present case, could have passed a draft assessment order only with a right to the assessee to file objections with the Dispute Resolution Panel. 9. Keeping in view the aforesaid, the impugned assessment order dated September 22, 2021 is directed to be treated as a draft assessment order and not an assessment order passed under section 143(3) of the Act. The petit....