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“final assessment order”

Assessment ProceduresSection 144CSection 144C4,041 judgments

The decision most relied on for final assessment order is Parashuram Pottery Works Co. Ltd. v. ITO (106 ITR 1), cited in 486 judgments on BharatTax.

Leading authorities on final assessment order

Parashuram Pottery Works Co. Ltd. v. ITO
106 ITR 1 · 1977 · Supreme Court
486
citing judgments

The principle of finality dictates that stale issues should not be reactivated, and lapse of time brings repose to judicial and quasi-judicial controversies. A Commissioner cannot substitute their judgment for the Assessing Officer's unless the assessment order is legally erroneous, not merely less elaborate, thus limiting revisionary powers under Section 263.

Commissioner of Income Tax v. Roca Bathroom Products (P) ltd.
445 ITR 537 · 2022 · High Court
269
citing judgments

The time limit for the Assessing Officer to pass a final assessment order under Section 144C(13) following directions from the Dispute Resolution Panel is determined by the specific provisions of Section 153, particularly Section 153(2A).

CIT v. G.M. Knitting Industries (P.) Ltd.
376 ITR 456 · 2015 · Supreme Court
221
citing judgments

The requirement to file a certificate or form (e.g., Form 10CCB, 10-IC) along with the return of income for claiming a deduction (e.g., under sections 80-IB, 115BAA) is directory regarding its timing. Such a deduction is allowable if the requisite form is filed before the final order of assessment, as procedural requirements should not override substantive benefits.

Sultana Begum v. Prem Chand Jain
259 ITR 449 · 2003 · Supreme Court
147
citing judgments

Section 144C(4) uses a non-obstante clause to expedite the final assessment order, requiring the Assessing Officer to pass it immediately upon acceptance or lack of objection to the TPO's order, irrespective of broader time limits under Section 153.

Vijay Television (P.) Ltd. v. DRP
369 ITR 113 · 2014 · High Court
140
citing judgments

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.

ESPN Star Sports Mauritius S.N.C. ET Compagnie v. Union of India
388 ITR 383 · 2016 · High Court
71
citing judgments

Failure to issue a draft assessment order under Section 144C(1) makes the final assessment order illegal and beyond jurisdiction. Non-compliance with Dispute Resolution Panel (DRP) directions renders the final assessment order bad in law.

Travancore Diagnostics P. Ltd. v. ACIT
390 ITR 167 · 2017 · High Court
50
citing judgments

Failure to issue notice under section 143(2) before finalizing a reassessment order under section 147 is a fatal jurisdictional error, and this defect cannot be cured by invoking section 292BB of the Income-tax Act. Consequently, such a reassessment order is not sustainable in law.

Addl. CIT v. Mukur Corporation
111 ITR 312 · 1978 · High Court
49
citing judgments

When setting aside an assessment under Section 263(1) and directing a fresh assessment, the Commissioner need not record final conclusions or express final opinions on controversial points. It also interprets 'prejudicial to the interests of the Revenue' as meaning the assessment order is not in accordance with law, leading to the non-realization of lawful revenue.

Judgments citing final assessment order

Shell International Petroleum Company Limited, Mumbai vs. DDIT(It)-2(1), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 1253/MUM/2014[2009-10]Status: DisposedITAT Mumbai10 Sept 2024AY 2009-10

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am M/S. Shell International Petroleum Dy. Director Of Income Tax Company Limited (International Taxation)-2(1) C/O. Bsr & Co. Llp, 1St Floor, Room No. 120, Scindia House, Vs. Lodha Excelus, Apollo Mills Ballard Estate, N.M. Road, Compound, N.M. Joshi Marg, Mumbai-400 038 Mahalaxmi, Mumbai-400 011 Pan/Gir No. Aaics 0357 B (Assessee) : (Respondent) Assessee By : Shri J. D. Mistry/ Madhur Agarwal/Ms. Reema Grewal Respondent By : Smt. Shaileja Rai Date Of Hearing : 13.06.2024 Date Of Pronouncement : 10.09.2024

For Appellant: Shri J. D. Mistry/For Respondent: Smt. Shaileja Rai
Section 143(2)Section 143(3)Section 144C(5)Section 2(24)Section 271(1)(c)

Pronouncement : 10.09.2024 O R D E R Per Kavitha Rajagopal, J M: This appeal has been filed by the assessee, challenging the final assessment order dated 20.12.2013 u/s. 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (‘the Act') passed in pursuance of the direction ... payment for the services received by the assessee to be in the nature of ‘fee for technical services’. The ld. A.O. passed the final assessment order dated 20.12.2013 pursuant to the direction of the Hon’ble DRP, thereby determining the total 3 M/s. Shell International Petroleum Company Limited vs. DDIT

Shell Information Technologies International Bv, Mumbai vs. Deputy Commissioner of Income Tax (International Taxation)-4(2)(1), Mumba

In the result, the assessee’s appeal is partly allowed

ITA 4711/MUM/2023[2021-22]Status: DisposedITAT Mumbai06 Sept 2024AY 2021-22

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhrishell Information V/S. Dcit (International Tax)- Technology International बनाम 4(2)(1), Bv 17Th Floor, Room No. 1708, C/O. Bsr & Co. Llp, Air India Building, 2Nd Floor, Lodha Excelus, Nariman Point, Apollo Mills Compound, Mumbai-400021 N.M. Joshi Marg, Mahalakshmi, Mumbai-400011 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaics9091A Appellant/अपीलाथी .. Respondent/प्रतिवादी

For Appellant: Shri Madhur AgarwalFor Respondent: Smt. Shaileja Rai
Section 143(3)Section 144C(13)Section 144C(5)Section 153Section 2(24)Section 234ASection 234BSection 234C

income at Rs. 10,26,70,96,070 as against Rs.49,51,493 offered by the Appellant, A.Y.2021-22 Shell Information Tchnologies International BV Final assessment order passed by the learned AO is bad in law 2. On the facts and circumstances of the case and in law, the learned ... erred in passing/issuing the final assessment order dated 31 October 2023 under section143(3) read with section 144C(13) of the Act beyond the time limit as prescribed under section 153 of the Act. The Appellant submits that the final assessment order being barred by limitation is without jurisdiction