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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

M/S Punjab Chemicals & Crop. Protection Ltd., Chandigarh vs. Addl. CIT, Neac Delhi

The appeal stand partly allowed

ITA 128/CHANDI/2021[2009-10]Status: DisposedITAT Chandigarh22 May 2025AY 2009-10

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.127/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2008-09) & 2. आयकरअपीलसं./ Ita No.128/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2009-10) M/S Punjab Chemicals & Crop. Addl. Cit Protection Ltd. Nfac बनाम/ Milestone-18, Ambala-Kalka Road Delhi Vs. Vpo Bhankharpur, Derabassi Distt. Sas Nagar (Mohali), Punjab 140201 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9904-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Anil Khanna (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeals By Assessee For Assessment Years (Ay) 2008-09 & 2009-10 Is In Second Round Of Litigation Since The Appeal Was Disposed-Off By Tribunal Vide Ita Nos.60/Chd/2013 & Ita No.100/Chd/2013 Common Order Dated 23-07-2018 For Ays 2008-09 & 2009-10 Wherein Few Of The Issues Were Restored Back To Lower

For Appellant: Shri Anil Khanna (CA) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT) – Ld. DR
Section 14ASection 154Section 36(1)(iii)

before Ld. DRP vide directions dated 17-11-2020. These directions triggered Ld. TPO’s order dated 19-02-2021 pursuant to which final assessment order was passed by Ld. AO on 27-03-2021 which is in further appeal before us. In the meanwhile, the assessee preferred rectification

M/S Punjab Chemicals & Crop. Protection Ltd., Chandigarh vs. Addl. CIT, Neac Delhi

The appeal stand partly allowed

ITA 127/CHANDI/2021[2008-09]Status: DisposedITAT Chandigarh22 May 2025AY 2008-09

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.127/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2008-09) & 2. आयकरअपीलसं./ Ita No.128/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2009-10) M/S Punjab Chemicals & Crop. Addl. Cit Protection Ltd. Nfac बनाम/ Milestone-18, Ambala-Kalka Road Delhi Vs. Vpo Bhankharpur, Derabassi Distt. Sas Nagar (Mohali), Punjab 140201 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacp-9904-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Anil Khanna (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeals By Assessee For Assessment Years (Ay) 2008-09 & 2009-10 Is In Second Round Of Litigation Since The Appeal Was Disposed-Off By Tribunal Vide Ita Nos.60/Chd/2013 & Ita No.100/Chd/2013 Common Order Dated 23-07-2018 For Ays 2008-09 & 2009-10 Wherein Few Of The Issues Were Restored Back To Lower

For Appellant: Shri Anil Khanna (CA) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT) – Ld. DR
Section 14ASection 154Section 36(1)(iii)

before Ld. DRP vide directions dated 17-11-2020. These directions triggered Ld. TPO’s order dated 19-02-2021 pursuant to which final assessment order was passed by Ld. AO on 27-03-2021 which is in further appeal before us. In the meanwhile, the assessee preferred rectification

Vishnu Shekuji Gajare, Aurangabad vs. ITO Ward 1(5), Aurangabad

In the result, appeal of the assessee is allowed for statistical purpose

ITA 706/PUN/2025[2012-13]Status: DisposedITAT Pune22 May 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.706/Pun/2025 िनधा"रण वष" / Assessment Year: 2012-13 Vishnu Shekuji Gajare, V The Income Tax Officer, Chikalthana, Jalna Road, S. Ward-1(5), Aurangabad. Aurangabad, Chikalthana I A, Chikalthana Industrial Area S.O, Maharashtra – 431006. Pan: Azppg9504M Appellant/ Assessee Respondent / Revenue Assessee By Shri Sarang Gudhate – Ar Revenue By Shri Manish Mehta – Addl.Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 22/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 28.01.2025 For The A.Y.2012-13. The Assessee Has Raised The Following Grounds Of Appeal : “1. Under The Facts & Circumstances Of The Case & In Law, Ld.

Section 144Section 148Section 250Section 288Section 69A

assessment year 2012-13 contains DIN number, meaning thereby, the DIN was generated subsequent to passing of the order. Thus, the Final Assessment order and Notice of Demand are bad in law, null and void and thus, liable to be quashed. 3. Under the facts and circumstances of the case

Humboldt Wedag India Private Ltd, New Delhi vs. DCIT Circle - 10(1), New Delhi

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

ITA 4726/DEL/2024[2021-22]Status: DisposedITAT Delhi21 May 2025AY 2021-22

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumarhumboldt Wedag India Private Ltd., Vs. Addl./Joint/Deputy/Asstt. A – 36, Mehtab House, Commission Of Income-Tax, Mohan Co-Op. Estate, Mathura Road, National E-Assessment Centre, New Delhi – 110 044. Circle 10(1), Delhi. (Pan : Aaach7474G) (Appellant) (Respondent) Assessee By : Shri Rajineesh Verma, Ca Ms. Hem Lata Verma, Ca Revenue By : Shri Dharam Veer Singh, Cit Dr Date Of Hearing : 09.04.2025 Date Of Order : 21.05.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 05.09.2024 Passed U/S 143(3) R.W.S.144C (13) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’) Subsequent To The Directions Of The Ld. Dispute Resolution Panel (Drp)/Tpo Vide Order Dated 07.08.2024 For Assessment Year 2021-22 Raising Following Grounds Of Appeal :- “Pertaining To Transfer Pricing Matters: Adjustment Rs.10,486,841 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel ('Ld. Drp'), The Learned Transfer Pricing

For Appellant: Shri Rajineesh Verma, CAFor Respondent: Shri Dharam Veer Singh, CIT DR
Section 143(3)Section 144CSection 144C(8)Section 153Section 234ASection 270ASection 92CSection 92C(2)

Order : 21.05.2025 O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : 1. This appeal is filed by the assessee against the final assessment order dated 05.09.2024 passed u/s 143(3) r.w.s.144C (13) of the Income Tax Act, 1961 (hereinafter called ‘the Act’) subsequent to the directions