2022 (7) TMI 1474

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....rs of the CIT(A) - 43, New Delhi dated 25.07.2018 pertaining to Assessment Years 2014-15 and 2015-16. The cross objections by the assessee are preferred against the very same order of the ld. CIT(A) for the same Assessment Years. 2. Since both the appeals and cross objections pertain to same assessee and were heard together, they are being disposed of by this common order for the sake of convenience and brevity 3. Since the issue raised in the cross objections goes to the root of the matter, we decided to dispose the cross objections first. 4. The common ground in the cross objections is as under:  "1. That on the facts and in the circumstances of the case and in law, CIT(A)-43 erred in not quashing the final order da....

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....d by the Assessing Officer and the income of the assessee was subjected to tax @ 20% u/s 115A of the Act. 8. Before us, the ld. counsel for the assessee vehemently stated that there is no variation in the income of the assessee, therefore, the Assessing Officer was not justified in passing draft assessment order u/s 143(3) r.w.s 144C(1) of the Act. The ld. counsel for the assessee placed strong reliance on the decision of the co-ordinate bench at Mumbai in ITA No. 6077/MUM/2018 order dated 25.02.2020. 9. Per contra the ld. DR strongly supported the findings of the Assessing Officer and pointed out that the Finance Bill, 2020 has amended the relevant provisions of the Act and since the amendment is curative in nature, the same should b....

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....nted out by the ld. DR, Finance Bill 2020 proposes to make issuance of draft assessment order in the case of eligible assessees mandatory even when there is no variation in income or loss returned by the assessee but this amendment may take effect from 01.04.2020. The relevant part of the Finance Bills reads as under: "Amendment in Dispute Resolution Panel (DRP). Section 144C of the Act provides that in case of certain eligible assessees, viz., foreign companies and any person in whose case transfer pricing adjustments have been made under sub-section (3) of section 92CA of the Act, the Assessing Officer (AO) is required to forward a draft assessment order to the eligible assessee, if he proposes to make any variation in t....