2024 (5) TMI 500

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....dia JUDGMENT 1. Heard Ms. Swetha P. Dileep, learned Counsel for the petitioner and Mr. P. G. Jayashankar, learned Senior Counsel for the Income Tax Department. 2. The petitioner has approached this Court against the assessment order dated 22.07.2022 in respect of the assessment year 2018-19 despite alternative remedy of statutory appeal available to the petitioner. The petitioner has questioned Exhibit P-10 assessment order dated 22.07.2022 on the grounds that the assessment could not have been completed as per the provisions of Section 144 C of the Income Tax Act, 1961 (hereinafter referred to as the "Act" for short) as the petitioner is a Non-Resident Indian (hereinafter referred to as "NRI" for short) and NRI has been included in the ....

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....eneficial provision and detail procedure is provided for finalising the assessment in respect of an "eligible assessee" which would include the NRI as well. It is further submitted that the petitioner has never taken this objection before the assessing authority that the petitioner's assessment should not be finalised under Section 144 C of the Act and this objection has been taken for the first time before this Court which is otherwise liable to be rejected. 4. It is also submitted that the intention of the legislation is clear from the Explanatory Memorandum of the Finance Bill, 2020 for incorporating the NRI within the definition of "eligible assessee" under Section 144 C (15) (b) (ii) which states: "This amendment will take effect ....

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....06.2021 and in the present case, the draft assessment order was passed on 28.09.2021 and same was referred to the Dispute Resolution Board and within one month from the order of the Dispute Resolution Board, final assessment order has been passed in fact within less than a period of one month as is mandated under Section 4 of Section 144 C (iv). 6. I have considered the submissions. Section 144 C is not a substantive provision. It is machinery provision which has been incorporated for the benefit of the assessees including the eligible assessee. The NRI has been included in the definition of "eligible assessee" under Section 144C (15) (b) (ii) w.e.f. 01.04.2020 and, therefore, the assessment proceedings in respect of an NRI undertaken afte....