DCIT, NEW DELHI vs. M/S. NEWBURY HOLDING TWO LTD., NEW DELHI

ITA 3128/DEL/2015Status: DisposedITAT Delhi10 January 2024AY 2010-1124 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the Assessing Officer erred by not issuing a draft assessment order to the eligible assessee (a foreign company) as required by Section 144C of the Income Tax Act. This procedural lapse rendered the assessment order void ab initio.

What were the facts?

The Revenue appealed against the CIT(A)'s orders, while the assessee filed cross-objections. The core issue revolved around the Assessing Officer's jurisdiction and the procedure followed in assessing foreign companies.

What were the issues?

Whether the Assessing Officer followed the mandatory procedure under Section 144C by issuing a draft assessment order to a foreign company. Whether the assessment proceedings were valid without adhering to the prescribed procedural requirements.

Which sections of the Income-tax Act were involved?

Section 144C,Section 153C,Section 124,Section 143(2)

AI-generated summary — verify with the full judgment below

Heard together (8 matters)

ITA No.3128/Del/2015
CO No.344/Del/2015
ITA No.3131/Del/2015
ITA No.3132/Del/2015
ITA No.3133/Del/2015
CO No.345/Del/2015
CO No.346/Del/2015
CO No.347/Del/2015

Read from the judgment's own cause title. This page is filed under one of them.

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH 'D', NEW DELHI Before Sh. Saktijit Dey, Vice President Dr. B. R. R. Kumar, Accountant Member ITA No.3128/Del/2015 : Asstt. Year: 2010-11 DCIT, Central Circle-19, C/o Mr. Sandeep Chilana, Adv. C-56, LFG, Jangpura Extension, New Delhi – 110 014. (RESPONDENT) CO No.344/Del/2015 (in ITA No.3128/Del/2015 : Asstt. Year: 2010-11)

Newbury Holding Two Ltd., C/o Mr. Sandeep Chilana, Adv. C-56, LFG, Jangpura Extension, New Delhi – 110 014. (APPELLANT) PAN: AAECN6529J Vs DCIT, Central Circle-19, New Delhi. (RESPONDENT) ITA No.3131/Del/2015 : Asstt. Year: 2009-10 ITA No.3132/Del/2015 : Asstt. Year: 2010-11 ITA No.3133/Del/2015 : Asstt. Year: 2011-12 DCIT, Central Circle-19, C/o Mr. Sandeep Chilana, Adv. C-56, LFG, Jangpura Extension, New Delhi – 110 014. (RESPONDENT) CO No.345/Del/2015 (in ITA No.3131/Del/2015 : Asstt. Year: 2009-10) CO No.346/Del/2015 (in ITA No.3132/Del/2015 : Asstt. Year: 2010-11) CO No.347/Del/2015 (in ITA No.3133/Del/2015 : Asstt. Year: 2011-12) P Services Ltd., C/o Mr. Sandeep Chilana, Adv., C-56, LFG, Jangpura Extension, New De

The order continues below.

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