2025 (12) TMI 485

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....t, 1961 [hereinafter referred to as 'the Act'] whereby the Ld. CIT(A) had disposed off the appeal against the Final Assessment Order, dated 23/04/2021, passed under Section 143(3) read with Section 144B of the Act for the Assessment Year 2017-2018. 2. By way of Ground No. 5 raised in the present appeal, the Assessee had challenged the validity of the Final Assessment Order, dated 30/03/2015. Ground No. 5 raised by the Assessee reads as under: "Impugned order failed in not holding the Assessment order dated 23.4.2021 as invalid, null and void. Further impugned order erred in not deleting the Transfer pricing adjustment made to returned income." 3. We have heard both the sides in relation to the above ground and have perused th....

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....bove shows that under Section 144C(2) of the Act assessee is required to either file objections against the Draft Assessment Order or give acceptance within 30 days from the receipt of the draft order. Section 144C(3) & (4) of the Act provides that in case no objections are filed by the assessee within the aforesaid period of 30 day or if communication accepting the Draft Assessment Order is accepted, the assessing officer would be required to pass the Final Assessment Order within one month from the end of the month in which the 30 day period expires or acceptance is received, as the case may be. 6. In the present case, it was contended on behalf of the Assessee that no Draft Assessment Order has been received by the Assessee and that t....

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..../2021 For approval of Review report AO - Review Unit Range - Review Unit   Notings/Remarks: DAO is accepted and submitted for further approval. Signature:         21/04/2021 Added additional remarks Range - Review unit -   NotingsRemarks: AO's report concurring with DAO is approved. Signature:         21/04/2021 Approved draft review report Range - Review unit AO -Review unit   Notings/Remarks : AOs report concurring with DAO is approved Signature:         22/04/2021 Added additional remarks AO - Review unit National Faceless Assessment Centre   Noti....

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....29(1)_ 23042021.pdf Notings/Remarks: Signature:         23/04/2021 Issued computation sheet National Faceless Assessment Centre MICROSOFT RESEARCH LAB INDIA PRIVATE LIMITED AAECM2252R_Computation sheet_1032637540(1)_ 23042021.pdf 7. Thus, even if arguendo the above entries are accepted to be correct, the Final Assessment Order has been passed in violation of the provisions contained in Section 144C(3)/(4) of the Act. It is not the case of the Revenue that the Assessee has accepted the Draft Order. Therefore, the Assessing Officer could not have passed the Final Assessment Order before the expiry of the 30 days granted by Section 144C(2) of the Act to the Assessee to file objections. In....