2023 (12) TMI 226

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....ent writ petition has been filed challenging the order dated 21st November, 2023 passed by the Respondent No. 1 under Section 143(3) read with Section 144C(4) of the Income Tax Act, 1961 [hereinafter referred to as 'the Act'] for Assessment Year 2020-21 as well as the computation sheet and demand notice issued under Section 156 of the Act. Petitioner also challenges the notice dated 21st November, 2023 issued under Section 274 read with Section 270A of the Act initiating penalty proceedings against the Petitioner. Petitioner also seeks directions to the Respondent No. 3-Dispute Resolution Panel ('DRP'), to decide the objections dated 20th October, 2023 in accordance with law. 2. Learned counsel for the Petitioner states that though the P....

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....td. vs. NFAC, [2021] 281 Taxman 574 (Delhi High Court), Anand Nvh Products (P.) Ltd. vs. NFAC, [2021] 282 Taxman 485 (Delhi High Court) and Fiberhome India (P.) Ltd. Vs. National E-Assessment Centre, Additional/Joint/Deputy Assistant Commissioner of Income-tax/Incometax Officer, (2022) 132 taxmann.com 118 (Delhi) wherein this Court set aside the final assessment order and the consequent notices/ computations that were passed without waiting for the directions issued by the DRP as per the mandate of Section 144C of the Act. 5. Issue Notice. Mr. Aseem Chawla, Senior Standing Counsel, accepts notice on behalf of the Respondents. 6. He submits that under Section 144C(2)(b)(ii), the Petitioner on receipt of the draft assessment order was s....