“draft assessment order”

ACIT, Cir-1(2)(1), Mumbai vs. M/S. Cheryl Advisory Pvt Ltd., Mumbai

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry () Assessment Year: 2013-14

proposed draft pertinent to note that, in the response to the proposed draft pertinent to note that, in the response to the proposed draft assessment order of the AO, the appellant had vehemently argued assessment order of the AO, the appellant had vehemently argued assessment order

Dy Commissioner of Income Tax -8(3)(1), Mumbai vs. M/S Welspun Global Brands Ltd, Mumbai

Bench: Shri.Narender Kumar Choudhry () & Miss. Padmavathy S.() Ι.Τ.Α. No.2073/Mum/2022 (Assessment Year : 2011-12) M/S Welspun Global Brands Ltd Vs 9Th Floor, Welspun House, Kmala Mill Compound, Senapati Bapat Marg, Lower Parel, Mumbai-400 013 Pan: Aabcb5226F Appellant Dcit-8(3)(2), Mumbai Respondent Ι.Τ.Α. Νο.2182/Mum/2022 (Assessment Year : 2011-12) Deputy Commissioner Of Income Tax-8(3)(1), Mumbai Aayakar Bhavan, Room No.615 M.K. Road, New Marine Lines, Mumbai-400 020 Appellant Vs M/S Welspun Global Brands Ltd 9Th Floor, Welspun House, Kmala Mill Compound, Senapati Bapat Marg, Lower Parel, Mumbai-400 013 Pan: Aabcb5226F Respondent Present For The Assessee Shri. Percy Pardiwala, Ld.Sr.Counsel Alongwith Harsh Kapadia, Ca Present For The Department Shri. Nihar Samal, Ld. Sr.Dr Date Of Hearing 24/01/2024 Date Of Pronouncement 31/01/2024 2

thereby, rendering the final assessment order illegal, invalid and without authority of law. l(b) The Id. AO failed to first pass a draft assessment order u/s. 144C(1) of the Act and forward a copy thereof to the Appellant, and instead, has directly passed the impugned final assessment order ... Assessing Officer directly passed the final Assessment order u/s 143(3) read with section 92CA(4) of the Act without passing draft assessment order as required to be passed under section 144C(1) of the Act, which reads as under:- “144C. (1) The Assessing Officer shall, notwithstanding anything

Welspun Global Brands Ltd, Mumbai vs. DCIT - CC 3(3), Mumbai

Bench: Shri.Narender Kumar Choudhry () & Miss. Padmavathy S.()

thereby, rendering the final assessment order illegal, invalid and without authority of law. l(b) The Id. AO failed to first pass a draft assessment order u/s. 144C(1) of the Act and forward a copy thereof to the Appellant, and instead, has directly passed the impugned final assessment order ... Assessing Officer directly passed the final Assessment order u/s 143(3) read with section 92CA(4) of the Act without passing draft assessment order as required to be passed under section 144C(1) of the Act, which reads as under:- 6 ITAS 2073/Mum/2022 & 2182/Mum/2022 Welspun Global Brands Ltd “144C

ACIT-Circle-5(3)(2), Mumbai vs. M/S Great Eastern Shipping Co. Ltd., Mumbai

In the result, appeals of the assessee are allowed and appeals of the Revenue are dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S.RIFAUR RAHMAN (Accountant Member)

year ended 31/03/2011, relevant to the Assessment Year 2011-12, as the same constituted a capital receipt. 17. The AO has, vide the Draft Assessment Order, treated the capital receipt in respect of the foreign exchange gain written back on cancellation of the vessel construction contracts amounting

The Great Eastern Shipping Co. Ltd, Mumbai vs. Asst CIT Circle 5(3)(2), Mumbai

year ended 31/03/2011, relevant to the Assessment Year 2011-12, as the same constituted a capital receipt. 17. The AO has, vide the Draft Assessment Order, treated the capital receipt in respect of the foreign exchange gain written back on cancellation of the vessel construction contracts amounting

DCIT Cir 5(3)(2), Mumbai vs. The Great Eastern Shipping Co. Ltd, Mumbai

In the result, appeals of the assessee are allowed and appeals of the Revenue are dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S.RIFAUR RAHMAN (Accountant Member)

year ended 31/03/2011, relevant to the Assessment Year 2011-12, as the same constituted a capital receipt. 17. The AO has, vide the Draft Assessment Order, treated the capital receipt in respect of the foreign exchange gain written back on cancellation of the vessel construction contracts amounting

The Great Eastern Shipping Co. Ltd, Mumbai vs. Asst CIT Cir 5(3)(2), Mumbai

year ended 31/03/2011, relevant to the Assessment Year 2011-12, as the same constituted a capital receipt. 17. The AO has, vide the Draft Assessment Order, treated the capital receipt in respect of the foreign exchange gain written back on cancellation of the vessel construction contracts amounting

The Great Eastern Shipping Company Ltd, Mumbai vs. Asst CIT Cir 5(3)(2), Mumbai

year ended 31/03/2011, relevant to the Assessment Year 2011-12, as the same constituted a capital receipt. 17. The AO has, vide the Draft Assessment Order, treated the capital receipt in respect of the foreign exchange gain written back on cancellation of the vessel construction contracts amounting

Dimexon Diamonds Ltd, Mumbai vs. ACIT Cent. Cir 1(4), Mumbai

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

respect of interest on loan provided to the AE. Page | 8 9. The AO vide draft assessment order passed under section 143(3) read with section 144C of the Act computed the total income of the assessee at Rs. 54,25,19,256 after incorporating the transfer pricing adjustment made

Marriott International Inc, Mumbai vs. DCIT(It) - 3(2)(1), Mumbai

In the result, by allowing the additional ground raised by the assessee for all these four years, the draft assessment orders for those years are quashed and appeal of the assessee are allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

assessee has raised the following identical additional ground of appeal: – On the facts and circumstances of the case and in law, the draft assessment order dated February 29/2016 passed by the assessing officer along with the notice of demand under section 156 of the income ... Marriott International Inc; A.Ys. 06-07 to 09-10 restored assessment proceedings were taken up. d. This restored assessment proceedings resulted into a draft assessment order passed by the learned assessing officer under section 143 (3) read with section 254 with section 144C (1) of the income

Marriott International Inc, Mumbai vs. DCIT (It) - 3(2)(1), Mumbai

In the result, by allowing the additional ground raised by the assessee for all these four years, the draft assessment orders for those years are quashed and appeal of the assessee are allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

assessee has raised the following identical additional ground of appeal: – On the facts and circumstances of the case and in law, the draft assessment order dated February 29/2016 passed by the assessing officer along with the notice of demand under section 156 of the income ... Marriott International Inc; A.Ys. 06-07 to 09-10 restored assessment proceedings were taken up. d. This restored assessment proceedings resulted into a draft assessment order passed by the learned assessing officer under section 143 (3) read with section 254 with section 144C (1) of the income

Marriott International Inc, Mumbai vs. DCIT-(It)-3(2)(1), Mumbai

In the result, by allowing the additional ground raised by the assessee for all these four years, the draft assessment orders for those years are quashed and appeal of the assessee are allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

assessee has raised the following identical additional ground of appeal: – On the facts and circumstances of the case and in law, the draft assessment order dated February 29/2016 passed by the assessing officer along with the notice of demand under section 156 of the income ... Marriott International Inc; A.Ys. 06-07 to 09-10 restored assessment proceedings were taken up. d. This restored assessment proceedings resulted into a draft assessment order passed by the learned assessing officer under section 143 (3) read with section 254 with section 144C (1) of the income

Marriott International Inc, Mumbai vs. DCIT (It)-3(2)(1), Mumbai

In the result, by allowing the additional ground raised by the assessee for all these four years, the draft assessment orders for those years are quashed and appeal of the assessee are allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

assessee has raised the following identical additional ground of appeal: – On the facts and circumstances of the case and in law, the draft assessment order dated February 29/2016 passed by the assessing officer along with the notice of demand under section 156 of the income ... Marriott International Inc; A.Ys. 06-07 to 09-10 restored assessment proceedings were taken up. d. This restored assessment proceedings resulted into a draft assessment order passed by the learned assessing officer under section 143 (3) read with section 254 with section 144C (1) of the income