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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

Jabil Circuit India P. Ltd., Mumbai vs. Pr. CIT -3, Mumbai

ITA 349/MUM/2021[2013-14]Status: DisposedITAT Mumbai08 Feb 2024AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.349/Mum/2021 (निर्धारण वर्ष / Assessment Year: 2013-14) Jabil Circuit India Pvt. Ltd. Arena House, 3Rd Floor, Plot No. 103 Road No. 12, Opp Tulip Telecom Marol Midc, Andheri (E), Mumbai-400093. बनाम / Vs. Pcit-03, Mumbai Room No. 612, 6Th Floor, Aayakar Bhavan, Maharishi Karve Road, Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp7114K (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) Assessee By: Revenue By: Shri Nitesh Joshi Shri Ankush Kapoor (Cit Dr) सुनवाई की तारीख / Date Of Hearing: 23/01/2024 घोषणा की तारीख /Date Of Pronouncement: 08/02/2024 Per Aby T. Varkey, Jm: आदेश / Order This Is An Appeal Preferred By The Assessee Against The Revision Order Of The Ld. Principal Commissioner Of Income Tax-03, [Hereinafter Referred To As The “Pcit”], Mumbai Dated 18.01.2021 For

For Appellant: Revenue byFor Respondent: Shri Nitesh Joshi
Section 143(3)Section 144C(13)Section 263Section 263(1)

order u/s 143(3) read with section 144C(1) of the Act, and after Ld. DRP direction on 21.09.2017, the AO passed the final assessment order on 30.11.2017, which has been interfered by the Ld. PCIT invoking his revisional jurisdiction u/s 263 of the Act, which impugned action according

Tata Motors Ltd, Mumbai vs. ACIT 2(3), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 631/MUM/2013[2008-09]Status: DisposedITAT Mumbai05 Feb 2024AY 2008-09

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.631/मुं/2013 (िन.व. 2008-09) Tata Motors Limited Bombay House, 24,Homi Mody Street, Hutama Chowk, Mumbai – 400001. Pan: Aaact-2727-Q ...... अपीलाथ"/Appellant बनाम Vs. The Addl. Commissioner Of Income Tax Circle -2(3), Mumbai. Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D.Mistry, Sr.Advocate With Shri Nikhil Tiwari,Advocate "ितवादी "ारा/Respondent By : Ms. Vatsala Jha, Cit-Dr & Shri Manoj Kumar Singh, Sr.Ar सुनवाई की ितिथ/ Date Of Hearing : 10/11/2023 घोषणा की ितिथ/ Date Of Pronouncement : 05/02/2024 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri J.D.Mistry, Sr.Advocate with Shri Nikhil Tiwari,AdvocateFor Respondent: Ms. Vatsala Jha, CIT-DR and Shri Manoj Kumar Singh, Sr.AR
Section 116Section 143(3)Section 92C

accordance with the decision of Special Bench in the case of Avada Trading Co. Pvt. Ltd., 100 ITD 131. In the final assessment order passed u/s. 143(3) r.w.s. 144C(13) of the Act for A.Y 2006-07 the interest amount was reduced to Rs.8,58,80,712/-. Subsequently ... violation of the law by the Assessing Officer in issuing the draft assessment order on 28-3-2013 and passing of the final assessment order dated 26-2-2014 by the Assessing Officer. Therefore, the final assessment order passed by the Assessing Officer is well within the limitation provided

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

ITA 2182/MUM/2022[2011-12]Status: DisposedITAT Mumbai31 Jan 2024AY 2011-12

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

Section 143(3)Section 144CSection 14ASection 250Section 92C

Resolution Panel (DRP) as per provisions of section 144C of the Act, no draft order was passed by AO but in fact direct final assessment order dated 13/03/2015 u/s 143(3) read with section 92CA(4) of the Act was passed by the Assessing Officer, whereby the additions of Rs.10 ... appeal which are reproduced herein below:- 66 l(a) On the facts and circumstances of the case and in law, the impugned final assessment order dated 13-3-2015 passed by the Id. AC) is bad in law in as much as the said order suffers from a jurisdictional error