Vijay Television (P.) Ltd. v. DRP

369 ITR 113High Court2014#729 most cited

What is Vijay Television (P.) Ltd. v. DRP authority for?

Passing a final assessment order under Section 143(3) directly, without first issuing a draft assessment order under Section 144C(1) for an eligible assessee, constitutes a fundamental jurisdictional defect. This defect cannot be cured by a subsequent corrigendum, especially if issued beyond the prescribed period of limitation.

140

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

Vijay Television (P.) Ltd. v. DRP · Section 144C(1) · draft assessment order · final assessment order · Section 143(3) · jurisdictional defect · corrigendum · curing defects · eligible assessee · assessment procedure · limitation period

Also reported as

225 Taxmann 35128 Taxmann.com 426

Issues it is cited on

Judgments citing Vijay Television (P.) Ltd. v. DRP

SUMITOMO CORPORATION INDIA PVT LTD,DELHI vs. DCIT,CIRCLE-22(2), DELHI

In the result, the appeals of the assessee are partly allowed as indicated above and the stay application is dismissed as infructuous

ITA 4400/DEL/2025[2020-21]Status: DisposedITAT Delhi10 Apr 2026AY 2020-21

Bench: Shri C.N. Prasad & Shri M. Balaganesh, Accontant Member Assessment Year 2020-21 Sumitomo Corporation India Vs. Dcit Pvt. Ltd. Circle -22 (2) 501 & 502, 5Th Floor West Wing, World Mark 1, Asset No.11, Hospitality District Aerocity, New Delhi-110037 Pan No.Aabcs1887M Appellant Respondent It(Tp) Appeal No.14/Del/2025 Assessment Year 2021-22 Sumitomo Corporation India Vs. Dcit Pvt. Ltd. Circle -22 (2) 501 & 502, 5Th Floor Delhi West Wing, World Mark 1, Asset No.11, Hospitality District Aerocity, New Delhi-110037 Pan No.Aabcs1887M Appellant Respondent

Section 143(3)Section 144BSection 144C(1)Section 144C(13)Section 154Section 80GSection 92C

…. 16694/2013] on 27th September 2013. Control Rise India (P) Ltd. v. DCIT, (2019) 107 taxmann.com 82 (Delhi) (HC), affirmed by upreme Court by the dismissal of the Revenue's SLP in (2019) 107 taxmann.com 83 the Supreme (SC) (Para 12)- Vijay television, (2014) 369 ITR 113 (Madras) (Para 18) 31 October 2025 should 20. In light of the above, it is prayed that the impugned assessment order dated 31 be quashed and the assessment proceedings should be declared null and void. Ground No. 21 General in nature Ground No. 3: That the Ld. AO has erred, both in facts and in law, in computing the total tax demand at INR 1,81,7…

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