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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

Capgemini Technology Services India Limited ( Successor of Aricent Technologies Holdings Limited), Pune vs. Assistant Commissioner of Income Tax - Circle 1(1), Pune

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

ITA 2804/PUN/2024[2021-22]Status: DisposedITAT Pune27 Jun 2025AY 2021-22

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.2804/Pun/2024 िनधा"रण वष" / Assessment Year: 2021-22 Capgemini Technology V The Assistant Services India Limited[As S Commissioner Of Income Successor In Interest Of Tax-1(1)(1), Pune. Erstwhile Aricent Technologies (Holdings) Limited-Since Amalgamated], Plot No.14, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-Iii, Midc Sez, Village Man, Taluka Mulshi, District- Pune – 411057. Maharashtra. Pan: Aacck8280B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Prakash L Pathade –Cit(Dr) Date Of Hearing 19/06/2025 Date Of Pronouncement /06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Assessment Order Under Section 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 Dated 29.10.2024 For The A.Y.2021-22, Emanating From The

Section 143(3)Section 144C(13)Section 144C(5)Section 153Section 234ASection 270ASection 92C

dated 23.09.2024. The Assessee has raised the following grounds of appeal : “1. The learned Assessing Officer ("AO") erred in passing the final assessment order dated 29 October 2024 under Section 143(3) read with Section 144C(13) of the income Tax Act, 1961 ("the Act") beyond the time limit prescribed ... said order has been passed in the name of an nonexistent entity, the order passed by the learned TPO and the consequential final assessment order be declared null and void. 4. The learned AO has erred in not providing a copy of the Central Board of Direct Taxes ('Board') approval

Amplus Energy Solutions Pte Ltd, Singapore vs. The Office of the Assistant Commissioner of Income Tax, New Delhi

ITA 2417/DEL/2023[2020-21]Status: DisposedITAT Delhi25 Jun 2025AY 2020-21

Bench: Shri Anubhav Sharma & Shri Manish Agarwalassessment Year: 2020-21 Amplus Energy Solutions Pte Vs Acit, Ltd., Circle International Tax 1(1)(1), #02-00, Robinson Road, New Delhi. Singapore – 688898 Pan: Aadci8182P Assessment Year: 2021-22 Amplus Energy Solutions Pte Vs. Acit, Ltd., Malaysia, Circle International Tax 1(1)(1), Level 56, Tower-1, Petronas New Delhi. Twin Towers, Kuala Lumpur City Centre, 50088, Kuala Lumpur, Malaysia/ 6Th Floor, Emaar Mgf, The Palm Square, Golf Course Ext. Road, Sector-66, Gurgaon – 122 102. Pan: Aadci8182P (Appellant) (Respondent) Assessee By : Shri K.M. Gupta, Advocate & Ms Shruti Khimta, Ar Revenue By : Ms Ekta Jain, Cit-Dr Date Of Hearing : 05.05.2025 Date Of Pronouncement : 25.06.2025

For Appellant: Shri K.M. Gupta, Advocate &For Respondent: Ms Ekta Jain, CIT-DR
Section 115ASection 115A(1)(a)Section 143(3)Section 144CSection 194LSection 3

Hearing : 05.05.2025 Date of Pronouncement : 25.06.2025 ITAs No.2417 & 3370/Del/2023 ORDER PER ANUBHAV SHARMA, JM: These appeals are preferred by the assessees against the final assessment orders dated 28.06.2023 and 26.09.2023 passed by the Asstt. Commissioner of Income Tax, Circle Int. Tax 1(1)(1), Delhi (hereinafter referred ... debentures provided the other conditions mentioned in the section are satisfied.” 3. Pursuant to the above directions, the assessment was completed vide impugned final assessment order dated 28 June 2023 passed under section 143(3) read with section 144C (13) of Act wherein the Ld. AO restricted the benefit