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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

Teva Pharmaceutical & Chemical Industries India Private Limited, Mumbai vs. DCIT, Circle-25(1), Delhi

In the result, appeal of the Assessee is allowed

ITA 4197/DEL/2024[2020-21]Status: DisposedITAT Delhi19 Jan 2026AY 2020-21

Bench: Yogesh Kumar U.S. & Shri Manish Agarwalteva Pharmaceutical & Chemical Vs Assessment Unit, Income Industries India Private Limited, Tax Department/Deputy 8Th Floor, C-Wing Time Square, Commissioner Of Income Andherikurla Road, Marol Naka, Tax, Circle 25(1), Opp Mittal Industrial Estate C. R. Building, Delhi- Andheri (E), Mumbai 400059, 110001 Maharashtra, India Pan: Bnspk7225H Appellant Respondent Assessee By Sh. Sachit Jolly, Sr. Adv, Sh. Sohamdua, Adv& Sh. Abhiudaya Shankar Bajpai, Adv Revenue By Sh. S. K. Jadhav, Cit Dr Date Of Hearing 19/01/2026 Date Of Pronouncement 19/01/2026 Order Per Yogesh Kumar, U.S. Jm: The Captioned Appeal Is Filed By The Assessee Challenging The Final Assessment Order Passed U/S 143(3) R.W.S. 144C(13) R.W.

Section 143Section 143(3)Section 144BSection 144CSection 144C(13)Section 153Section 153r

Hearing 19/01/2026 Date of Pronouncement 19/01/2026 ORDER PER YOGESH KUMAR, U.S. JM: The captioned appeal is filed by the Assessee challenging the Final Assessment Order passed u/s 143(3) r.w.s. 144C(13) r.w. Section 144B of the Income Tax Act, 1961 (the Act in short) dated 26/07/2024 pertaining ... cannot be interpreted in a manner that renders the scheme unworkable. Therefore, the timelines prescribed under section 153 will not apply to the final assessment order passed u/s 144C(13) of the Income Tax Act. 14. Section 144C prescribes a complete statutory cycle: passing of draft order, right to file

Efkon India Private Limited (Successor of I-Pay Clearing Services Private Limited), Gurugram vs. DCIT, Circle 14(1)(2), Mumbai

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

ITA 5331/MUM/2025[2014-15]Status: DisposedITAT Mumbai13 Jan 2026AY 2014-15

Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopalassessment Year : 2014-15 Efkon India Private Limited Dcit, Circle-14(1)(2), (Successor Of I-Pay Clearing Aayakar Bhavan, Services Private Limited), Vs. Mumbai-400020. 1St Floor, Block B, Vatika Towers, Golf Course Road, Sector 54, Gurugram, Haryana-122002. Pan : Aaaci9818F (Appellant) (Respondent) For Assessee : Ms. Bhumika Majethiya For Revenue : Shri Hemanshu Joshi, Sr.Dr Date Of Hearing : 27-10-2025 Date Of Pronouncement : 13-01-2026 O R D E R Per Vikram Singh Yadav, A.M :

For Appellant: Ms. Bhumika MajethiyaFor Respondent: Shri Hemanshu Joshi, Sr.DR
Section 143(2)Section 143(3)Section 234ASection 234BSection 271(1)(c)Section 41(1)

interest 234A 7. erred in levying interest under Section 234A of Rs 36,06,431 in the income tax computation as per final assessment order, without appreciating that the return of income was filed by the Appellant within the due date. Incorrect levy of interest 234B 8 erred in levying ... interest under Section 234B of Rs 11,33,088 in the income tax computation as per final assessment order Initiation of penalty proceedings 9 erred in initiating penalty proceedings under section 271(1)(c) Each of the above grounds of appeal is without prejudice to and independent of one another