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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

Hp India Sales Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, ground 14 is allowed for statistical purposes

ITA 283/BANG/2022[2017-18]Status: DisposedITAT Bangalore07 Dec 2022AY 2017-18

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.283/Bang/2022 : Asst.Year 2017-2018 M/S.Hp India Sales Private Ltd. The Assistant Commissioner No.24, Salarpuria Arena Of Income-Tax, Circle 3(1)(1) V. Bangalore. Hosur Main Road Adugodi Bengaluru – 560 030. Pan : Aaacc9862F. (Appellant) (Respondent) Appellant By : Sri.Ajay Vohra, Advocate Respondent By : Sri.Arun Kumar, Cit(Tp)-2-Dr Date Of Pronouncement : 07.12.2022 Date Of Hearing : 06.12.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 28.02.2022 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2017-2018. 2. The Assessee Has Raised 13 Grounds In Its Memorandum Of Appeal Dated 22.06.2022. The Learned Ar During The Course Of Hearing, Did Not Raise Any Specific Plea With Regard To Grounds 1 To 5, 10, 12 & 13 (Also Sub-Grounds), Hence, The Same Are Dismissed. The Surviving Grounds, Namely, Grounds 6 To 9, 11 & Its Sub-Grounds, Read As Follows:-

For Appellant: Sri.Ajay Vohra, AdvocateFor Respondent: Sri.Arun Kumar, CIT(TP)-2-DR
Section 143(3)Section 37Section 92B

Hearing : 06.12.2022 O R D E R Per George George K, JM : This appeal at the instance of the assessee is directed against final assessment order dated 28.02.2022 passed u/s 143(3) r.w.s. 144C(13) of the I.T.Act. The relevant assessment year is 2017-2018. 2. The assessee has raised

Kontoor Brands India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-4(3)(1), Bangalore

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

ITA 214/BANG/2022[2017-18]Status: DisposedITAT Bangalore05 Dec 2022AY 2017-18

Bench: Shri N.V.Vasudevan, V.P. & Shri Laxmi Prasad Sahu, Am It(Tp)A No.214/Bang/2022 : Asst.Year 2017-2018 M/S.Kontoor Brands India Private The Assistant Commissioner Limited, (Formerly Known As Vf Of Income-Tax, Circle 4(3)(1) V. Bangalore. Brands India Private Limited) Awfis, 1St Floor, Shabari Complex Field Marshal Cariappa Road Ashok Nagar, Bangalore North Richmond Town S.O. Bangalore – 560 025. Pan : Aaccv2727L. (Appellant) (Respondent) Appellant By : Sri.Nageswar Rao, Advocate Respondent By : Sri.K.Sankar Ganesh, Jcit-Dr Date Of Pronouncement : 05.12.2022 Date Of Hearing : 28.11.2022 O R D E R Per Laxmi Prasad Sahu , Am : This Is An Appeal Filed By The Assessee Against The Final Assessment Order Passed By The Assessing Officer On 02.02.2022 U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The I.T.Act. For The Relevant Assessment Year 2017-2018. 2. The Assessee Has Raised As Many As 34 Grounds, But During The Course Of Hearing, The Learned Ar Confined His Argument Only To Ground No.1, Challenging The Legal Issue, Which Is As Under:-

For Appellant: Sri.Nageswar Rao, AdvocateFor Respondent: Sri.K.Sankar Ganesh, JCIT-DR
Section 13Section 143(2)Section 143(3)Section 144CSection 144C(1)Section 144C(13)Section 92C

Hearing : 28.11.2022 O R D E R Per LAXMI PRASAD SAHU , AM : This is an appeal filed by the assessee against the final assessment order passed by the Assessing Officer on 02.02.2022 u/s 143(3) r.w.s. 144C(13) r.w.s. 144B of the I.T.Act. for the relevant assessment year ... ground No.1, challenging the legal issue, which is as under:- 2 IT(TP)A No.214/Bang/2022. M/s.Kontoor Brands India Private Limited. “1. The final assessment order issued by the ld.AO dated 2 February 2022 pursuant to the DRP directions under section 144C is barred by limitation and liable to be quashed

Michael Page International Pte Limited, Mumbai vs. Dy CIT (International Tax) -3(2)(2) Mumbai, Mumbai

In the result, appeal by the assessee is partly allowed

ITA 751/MUM/2022[2018-19]Status: DisposedITAT Mumbai02 Dec 2022AY 2018-19

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं. 751/मुं/ 2022 ("न.व. 2018-19) Michael Page International Pte Limited, C/O.Michael Page International Recruitment Pvt. Ltd., 5Th Floor, 2North Avenue, Maker Maxity, Bandra Kurla Compelx, Mumbai -400 051 Pan:Aahcm-6965-A ...... अपीलाथ" /Appellant बनाम Vs. The Deputy Commissioner Of Income-Tax (International Tax), Circle – 3(2)(2) Mumbai, Room No.X. 16Th Floor, Air India Bldg., Nariman Point,Mumbai – 400 021 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Pratik Shah & Ms.Riddhi Maru ""तवाद" "वारा/Respondent By : Shri Soumendu Kumar Dash सुनवाई क" "त"थ/ Date Of Hearing : 06/09/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/12/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Directed Against The Assessment Order Dated 23/02/2022 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [In Short ‘The Act’]For The Assessment Year 2018-19. 2 2. The Assessee In Appeal Has Assailed The Assessment Order By Raising Following Grounds:

For Appellant: Shri Pratik Shah & Ms.Riddhi MaruFor Respondent: Shri Soumendu Kumar Dash
Section 143(3)Section 270ASection 9(1)(vii)

filed objections before the Dispute Resolution Panel (DRP) but remained unsuccessful. Consequent to the directions of the DRP, the Assessing Officer passed the final assessment order which is the subject matter of appeal. The ld. Authorized Representative for the assessee submits that the assessee has provided services to its Indian

Applied Materials India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 209/BANG/2021[2016-17]Status: DisposedITAT Bangalore30 Nov 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 209/Bang/2021 Assessment Year : 2016-17 M/S. Applied Materials India Pvt. Ltd., Unit -5, 3Rd Floor, The Deputy Explorer Building, Commissioner Of International Tech Income Tax, Park, Circle – 1(1)(1), Whitefield Road, Vs. Bangalore. Bangalore – 560 001. Pan: Aaeca2635C Appellant Respondent : Shri T. Suryanarayana, Assessee By Advocate : Dr. Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 30-11-2022 Date Of Pronouncement : 30-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 31/03/2021 Passed By The National E-Assessment Centre, Delhi For A.Y. 2016-17 On Following Grounds Of Appeal:

For Respondent: Shri T. Suryanarayana
Section 143(1)Section 143(2)Section 195Section 40Section 92C

209/Bang/2021 2.13 Based on the above directions, final adjustment u/s. 92CA was reduced to Rs.73,18,05,797/- and final assessment order was passed by incorporating the disallowance u/s. 40(a)(i) as made in the draft assessment order in addition to the adjustment reworked u/s. 92CA. 2.14 On receipt ... final assessment order, assessee has preferred this appeal before this Tribunal. 3. The Ld.AR at the outset submitted that Ground nos. 1-3 are general in nature and does not require any adjudication. 4. In respect of Ground no. 4, it is submitted that this issue has been raised

Sasken Technologies Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 404/BANG/2017[2012-13]Status: DisposedITAT Bangalore30 Nov 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 404/Bang/2017 Assessment Year : 2012-13 M/S. Sasken Technologies Ltd., (Formerly Known As The Deputy Sasken Communication Commissioner Of Technologies Ltd.), Income Tax, No. 139/25, Domlur Circle – 6(1)(1), Ring Road, Vs. Bangalore. Bangalore – 560 071. Pan: Aaecs6424R Appellant Respondent : Shri Padam Chand Khincha, Assessee By Ca : Shri K. Sankar Ganesh, Jcit Revenue By Dr Itat Date Of Hearing : 15-11-2022 Date Of Pronouncement : 30-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Assessment Order Dated 31.01.2017 Passed By Ld.Dcit, Circle – 6(1)(1), Bangalore For A.Y. 2012-13 On Following Concise Grounds Of Appeal: “1. General:- The Learned Ao & The Drp Erred In Passing The Order / Directions In The Manner Passed By Them. The Orders Passed Being Bad In Law Is Liable To Be Quashed.

For Respondent: Shri Padam Chand Khincha
Section 133(6)Section 2(24)Section 92BSection 92C

objections were filed on 29.4.2016. The DRP directions were passed on 19.12.2016 with partial relief. The final assessment order under section 143(3) rws 144C(13) was passed on 31.1.2017 with the following adjustments. Amount Particulars (Rs.) Interest on loan to subsidiaries 1,96,54,734 Corporate Guarantee ... deduction under section 10AA was dropped and the deduction as claimed by the assessee under section 10AA was granted. 2.7 Aggrieved by the final assessment order, the assessee filed present appeal before this Tribunal. 3. Ground Nos. 1 and 2 are general in nature and therefore do not require adjudication