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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

Mapei Construction Products (India) Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-4(1)(2), Bangalore

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

ITA 283/BANG/2021[2016-17]Status: DisposedITAT Bangalore01 Jun 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 283/Bang/2021 Assessment Year : 2016-17 M/S. Mapei Construction Products (India) Pvt. Ltd., The Assistant A01 & B01, Solus Jain Commissioner Of Heights, Income Tax, 1St Floor, 1St Cross, Circle 4 (1)(2), J C Road, Vs. Bangalore. Bangalore – 560 002. Pan: Aahcm0464A Appellant Respondent : Shri S. Ramasubramanyam, Assessee By Ca : Shri Janardhan, Addl. Cit Revenue By Dr Date Of Hearing : 04-03-2022 Date Of Pronouncement : 01-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against Final Assessment Order Dated 24/03/2021 Passed By The Ld.Acit, Under National Assessment Centre, New Delhi, Under Section 143(3) Read With Section 143(3A) & (3B) Of The Act, For The Assessment Year 2016- 17 On Following Grounds Of Appeal: “1. Jurisdiction 1.1. That The Learned Lower Authorities Erred In Law & On Facts In Referring The Case To The Learned Transfer Pricing

For Respondent: Shri S. Ramasubramanyam
Section 115JSection 143Section 143(3)Section 40Section 92C

Date of Pronouncement : 01-06-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by the assessee against final assessment order dated 24/03/2021 passed by the Ld.ACIT, under national assessment Centre, New Delhi, under section 143(3) read with section ... copy is enclosed at page no. 18 to 53 of appeal memo). The learned assessing officer passed a final assessment order u/s. 143(3) r.w.s 144C of the Act on 24.03.2021 after considering the directions u/s. 144C(5) of the Act (The copy is enclosed at page

Essilor India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

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

ITA 219/BANG/2021[2016-17]Status: DisposedITAT Bangalore31 May 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 219/Bang/2021 Assessment Year : 2016-17 M/S. Essilor India Pvt. Ltd., 10Th Floor, Prestige Trade The Deputy Tower, Commissioner Of 46, Palace Road, High Income Tax, Grounds Sampangi Rama Circle-2 (1)(1), Nagar, Vs. Bangalore. Bangalore – 560 001. Pan: Aaace4623J Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 30-03-2022 Date Of Pronouncement : 31-05-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 30.03.2021 For Assessment Year 2016-17 Passed By The Ld.Acit, National E-Assessment Centre, Delhi On Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Essilor India Private Limited (Hereinafter Referred To As "Eipl" Or The "Company" Or The "Appellant"), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Additional / Joint / Deputy / Assistant Commissioner Of Income Tax / Income Tax Officer

For Appellant: Shri Chavali Narayan, CA
Section 143(3)Section 144C(13)Section 144C(5)

Date of Pronouncement : 31-05-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by the assessee against the final assessment order dated 30.03.2021 for Assessment Year 2016-17 passed by the Ld.ACIT, National e-Assessment Centre, Delhi on following grounds of appeal: “Based on the facts ... incurred by assessee at Rs.46,16,66,814/- as transfer pricing adjustment. On receipt of the DRP directions, the Ld.AO passed the final assessment order making the addition in the hands of the assessee. The Ld.AR at the outset submitted that, identical issue was considered in great Page

M/S Tejas Networks Limited, Bangalore vs. Assistant Commissioner of Income Tax Central Circle-2(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed

ITA 205/BANG/2018[2013-14]Status: DisposedITAT Bangalore31 May 2022AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.764/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.205/Bang/2018 : Asst.Year 2013-2014 M/S.Tejas Networks Limited The Assistant Commissioner Plot No.25, Jp Software Park Of Income-Tax, Circle – 1, Ltu V. Bangalore. Electronic City Phase-I Hosur Road, Bangalore – 560 100. Pan : Aabct1670M. (Appellant) (Respondent) Appellant By : Sri.S.Annamalai, Advocate Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 31.05.2022 Date Of Hearing : 19.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Final Assessment Orders Dated 31.01.2017 & 23.11.2017, Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2012-2013 & 2013- 2014. We Shall First Adjudicate It(Tp)A No.764/Bang/2017 Pertaining To The Assessment Year 2012-2013. It(Tp)A No.764/Bang/2017 (Asst.Year 2012-2013) 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Design, Development, Manufacture Of Telecommunication Equipments. For The Assessment Year 2012-2013, The Return

For Appellant: Sri.S.Annamalai, AdvocateFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 92BSection 92C

Hearing : 19.05.2022 O R D E R Per George George K, JM : These appeals at the instance of the assessee are directed against final assessment orders dated 31.01.2017 and 23.11.2017, passed u/s 143(3) r.w.s. 144C of the I.T.Act. The relevant assessment years ... Panel (DRP). The DRP vide its directions dated 19.12.2016, partly accepted the objections raised by the assessee. Pursuant to the DRP’s directions, final assessment order dated 31.01.2017 was passed. Aggrieved by the final assessment order, the assessee has filed this appeal by raising the following grounds:- I. Transfer Pricing

M/S Tejas Networks Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-1 Ltu, Bangalore

In the result, the appeals filed by the assessee are partly allowed

ITA 764/BANG/2017[2012-13]Status: DisposedITAT Bangalore31 May 2022AY 2012-13

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.764/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.205/Bang/2018 : Asst.Year 2013-2014 M/S.Tejas Networks Limited The Assistant Commissioner Plot No.25, Jp Software Park Of Income-Tax, Circle – 1, Ltu V. Bangalore. Electronic City Phase-I Hosur Road, Bangalore – 560 100. Pan : Aabct1670M. (Appellant) (Respondent) Appellant By : Sri.S.Annamalai, Advocate Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 31.05.2022 Date Of Hearing : 19.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Final Assessment Orders Dated 31.01.2017 & 23.11.2017, Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2012-2013 & 2013- 2014. We Shall First Adjudicate It(Tp)A No.764/Bang/2017 Pertaining To The Assessment Year 2012-2013. It(Tp)A No.764/Bang/2017 (Asst.Year 2012-2013) 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Design, Development, Manufacture Of Telecommunication Equipments. For The Assessment Year 2012-2013, The Return

For Appellant: Sri.S.Annamalai, AdvocateFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 92BSection 92C

Hearing : 19.05.2022 O R D E R Per George George K, JM : These appeals at the instance of the assessee are directed against final assessment orders dated 31.01.2017 and 23.11.2017, passed u/s 143(3) r.w.s. 144C of the I.T.Act. The relevant assessment years ... Panel (DRP). The DRP vide its directions dated 19.12.2016, partly accepted the objections raised by the assessee. Pursuant to the DRP’s directions, final assessment order dated 31.01.2017 was passed. Aggrieved by the final assessment order, the assessee has filed this appeal by raising the following grounds:- I. Transfer Pricing

Levi Staruss (India) Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by assessee stands partly allowed as indicated hereinabove

ITA 695/BANG/2016[2011-12]Status: DisposedITAT Bangalore30 May 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 695/Bang/2016 Assessment Year : 2011-12 M/S. Levi Strauss (India) Pvt. Ltd., The Deputy Sjr Cyber, 7Th Floor, Commissioner Of No. 22, Laskar Hosur Road, Income Tax, Adugodi, Circle 4 (1)(1), Bangalore – 560 030. Vs. Bangalore. Pan: Aaacl3092Q Appellant Respondent Assessee By : Shri Nageswar Rao, Advocate : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 31-03-2022 Date Of Pronouncement : 30-05-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 28.01.2016 U/S. 143(3) R.W.S. 144C Of The Act By The Ld.Dcit, Circle – 4 (1)(1), Bangalore For Assessment Year 2011-12 On Following Grounds Of Appeal. “Based On The Facts & Circumstances Of The Case & In Law, Levi Strauss (India) Private Limited (Hereinafter Referred To As "Appellant") Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The "Learned Ao") Under Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961("The Act") On The Following Grounds:

For Appellant: Shri Nageswar Rao, Advocate
Section 143(3)Section 144C

Date of Pronouncement : 30-05-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by the assessee against the final assessment order dated 28.01.2016 u/s. 143(3) r.w.s. 144C of the Act by the Ld.DCIT, Circle – 4 (1)(1), Bangalore for Assessment Year 2011-12 on following grounds ... total income at Rs. 59,21,92,914 as against returned income of Rs. 54,48,429 computed by the Appellant; 2. The final assessment order issued by the AO under section 143(3) dated 28 January 2016 pursuant to DRP directions under section 144C is time barred and invalid