2025 (7) TMI 1597

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....the Income Tax Act, 1961 (for short "I. T. Act") dated 24th April 2025. Consequently, the Notice of Demand in Form No. 7, also of the same date, as well as the Show Cause Notice dated 24th April 2025 for levy of penalty under various Sections of the I. T. Act, are also challenged. 3. The short point raised in the above Petition is that the Petitioner is admittedly an eligible Assessee as defined in Section 144C (15) of the I. T. Act and the Assessing Officer issued a draft assessment order dated 10th March 2025. On receipt of the draft order, the Petitioner, being an eligible Assessee, filed its objections to the said draft order with the Dispute Resolution Panel (for short "DRP") as contemplated under Section 144C(2)(b)(i). However, the....

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....rule on the objections filed by the Petitioner. 5. In support of the aforesaid submission, Mr. Gandhi relied upon a decision of this Court in the case of Sulzer Pumps India Private Limited v/s Deputy Commissioner of Income Tax, Circlr-15 (3) (2) & Ors [Writ Petition (L) No.15811 of 2021 decided on 27th October 2021] as well as a decision of the Hon'ble Delhi High Court in the case of Pepsico India Holdings Pvt Ltd v/s Assessment Unit Income Tax Department National Faceless Assessment Centre & Ors [Writ Petition (C) No. 15322 of 2023 and CM Appl.61469 of 2023 decided on 1st December 2023]. 6. On the other hand, the learned advocate appearing on behalf of the Revenue submitted that since the timelines laid down under Section 144C are sa....

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....t the Assessing Officer will also have the benefit of considering the views of the DRP while passing a fresh assessment order. Considering that the facts in the present case are identical to the facts in Sulzer Pumps India Private Limited (supra), we follow the same line of reasoning and allow the present Writ Petition in terms of prayer clause (a) which reads thus:- "(a): that this Hon'ble Court may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction, calling for the records of the Petitioner's case and after going into the legality and propriety thereof, to quash and set aside the final assessment order passed under section 143(3) read with section 144C(....