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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

Abhishek Reddy Boyapally, Hyderabad vs. ITO (Int Taxn) - 2, Hyderabad

In the result, the appeal of the assessee is allowed

ITA 352/HYD/2025[2015-16]Status: DisposedITAT Hyderabad15 Oct 2025AY 2015-16

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.352/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2015-16) Shri Abhishek Reddy Vs. Income Tax Officer Boyapally, Hyderabad International Taxation-2, Pan: Bodpb0397F Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ca Y. V. Bhanu Narayan Rao रधजस् व द्वधरध/Revenue By: Dr.Narendra Kumar Naik, Cit(Dr) सुिवधई की तधरीख/Date Of Hearing: 15/10/2025 घोर्णध की तधरीख/Pronouncement: 17/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Abhishek Reddy Boyapally (“The Assessee”), Feeling Aggrieved By The Assessment Order Passed By The Ito, International Taxation-2, Hyderabad (“Ld. Ao”), Dated 25.12.2024 For The A.Y 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: CA Y. V. Bhanu Narayan RaoFor Respondent: Dr.Narendra Kumar Naik, CIT(DR)
Section 139Section 144BSection 144CSection 147Section 148Section 148A

before the Learned Dispute Resolution Panel (“Ld. DRP”). Finally, after the directions of Ld. DRP dated 04.12.2024, the Ld. AO passed the final assessment order under section 147 read with section 144B of the Act on 25.12.2024, making additions of Rs.1,892/- under income from other sources and Rs.18 ... Gain on the sale of immovable property., thereby determining the total income of the assessee at Rs.18,62,642/-. 5. Aggrieved by the final assessment order of the Ld. AO, the assessee has preferred the present appeal before this Tribunal. At the outset, the Ld. AR submitted that the assessee

Ramagopal Varma Ramaraju, Hyderabad vs. ITO, Interenational Taxation-2, Hyderabad

In the result, the appeal filed by the assessee arising from the assessment order passed u/sec

ITA 1302/HYD/2025[2015-16]Status: DisposedITAT Hyderabad15 Oct 2025AY 2015-16

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /It(It)A No.507/Hyd/2025 & Ita.No.1302/Hyd./2025 िनधा"रण वष"/Assessment Year 2015-2016 Ramgopal Varma The Income Tax Officer Ramaraju, Hyderabad. Vs. [Int.Taxn]-2, Hyderabad Pin – 500 060. Telangana. Pin - 500 004. Telangana. Pan Arppr7316E (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Sri S Rama Rao, Advocate Dr. Narendra Kumar Naik, Cit-Dr राज" व "ारा/Revenue By: & Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 15.10.2025 घोषणा की तारीख/Pronouncement: 15.10.2025 आदेश/Order Per Vijay Pal Rao:

For Appellant: Sri S Rama Rao, AdvocateFor Respondent: And Dr. Sachin Kumar, Sr. AR
Section 139(1)Section 144C(1)Section 144C(5)Section 147Section 148Section 69ASection 69C

Form-35A before DRP on 26.02.2024 within due date and also intimated the AO through e-Response dt.26.02.2024 i.e., well before passing final assessment order on 03.04.2024. 4. The Ld. CIT(A) ought to have admitted the appeal and adjudicated the grounds of appeal on merits since the impugned assessment ... seen that the Draft Assessment Order Was, passed on 14.02.2024. On further perusal of the record, it was noticed that the Final assessment order has already been passed by the AO on 03.04.2024 vide DIN No. 2.1. In view of the above facts, the Panel is of the considerate view