TaxTMI 
TaxTMI 
2023 (9) TMI 386
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....fore passing final assessment order and therefore the impugned assessment order passed u/s 143(3) r.w.s 263 of the Act on 30.12.2019 is bad in law and void ab initio and deserves to be cancelled/ annulled / set aside in light of the Judicial pronouncement of Delhi High Court in the case of JCB India Limited v DCIT (Writ petition 3399/2016), Turner International India Pvt. Ltd v DCIT (Writ petition 4260/2015). 1.2 On the facts and circumstances of the case and in law, the Ld. AO erred in passing the assessment order pursuant to the direction of Ld. CIT (International Taxation) by making the protective assessment in appellant case without making any substantive assessment and therefore the whole assessment proceedings is render nugatory. 1.3 On the facts and circumstances of the case and in law, the Ld. AO erred in raising a demand of INR 3,94,43,650/- while framing a protective assessment vide order dated 30.12.2019 passed under section 143(3) read with section 263 of the Act without appreciating the fact that in view of Judicial pronouncement of Bombay High Court in the case of Sushil Kumar v CIT (1983) 139 FTR 880, the appellant is not obliged to pay demand as en....
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.... the facts and circumstances of the case and in law, the Ld. AO, pursuant to the order passed u/s 263 of the Act by the Ld. CIT, has erred in holding that the appellant is conduit company having no meaningful business activity without appreciating the fact that the appellant is a commercial concern and have a vested business interest in Cyprus since its incorporation and further without appreciating the law as settled by the Honorable Supreme court in the case of Vodafone International Holdings B. V. v. UOI (2012) 341 ITR 1 that every investment in India should be considered in a holistic manner and the commercial purpose of the entity/appellant. 3. Without prejudice to ground no. 2, on the facts and circumstances of the case and in law, the Ld. AO, pursuant to the order passed u/s 263 of the Act by the Ld. CIT, has erred in not allowing the deduction while calculating income as per the provisions of the Act of interest paid on unsecured loan which is available under section 57 of the Act and incurred wholly and exclusively for the purpose of earning interest income from CCDs. 4. on the facts and circumstances of the case and in law, the learned AO has erred in ca....
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....DIN") in the body of the order. He further submitted that perusal of the order would also reveal that there is no mention of any reason for non-issuance of DIN. He contended that this is in violation of the binding CBDT Circular No. 19/2019 dated 14.08.2019. As a consequence the impugned order of the Ld. AO is invalid and 'non-est ' in the eye of law and deserves to be quashed. 7. The Ld. AR further submitted that the Ld. AO passed the impugned order on 30.12.2019 and his letter of intimation of DIN is dated 24.01.2020 which is beyond 15 days. Thus, the requisite condition mentioned in para 3 and 5 of the CBDT Circular No. 19/2019 dated 14.08.2019 have also not been complied with. He, therefore, vehemently argued that in the light of the facts and circumstances of the assessee's case, the impugned order of the Ld. AO be held as invalid and 'non-est'. 8. The Ld. CIT(DR) has placed on record letter No. DCIT/Intl.Tax/Circle- 1(1)(1)/2023-24/114 dated 12.07.2023 of Ld. Dy. CIT addressed to him stating therein, inter alia that contention of the assessee that the impugned order passed by the Ld. AO does not contain any DIN is utterly wrong as such order was issued with DIN ITBA/COM....
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....Circular No. 19/2019 (F No. 225/95/2019-ITA II) appearing at pages 27-28 of the Paper Book. In para 2 thereof it is stated that in order to prevent instances (narrated in the opening para) and to maintain audit trail of all communication, no communication shall be issued by any Income Tax Authority to the assessee or any other person on or after the 1st day of October, 2019 unless a computer generated DIN has been allotted and is duly quoted in the body of such communication. Undoubtedly the impugned assessment order is one such communication which has been issued by the Ld. AO without allotting a computer generated DIN and duly quoting in the body of the impugned assessment order. There is thus clear violation of the specific requirement under the CBDT Circular No. 19/2019 to quote the DIN in the body of the impugned assessment order. 13. Para 3(i),(ii),(iii),(iv) and (v) of the Circular No. 19/2019 enumerate the exceptional circumstances in which the Income Tax Authority may issue the communication manually but only after recording reasons in writing in the file and with the prior written approval of Chief Commissioner/Director General of Income Tax. The communication issued m....