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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

Dynapac Road Construction Equipment (India) Private Limited, Pune vs. Assessment Unit, Income Tax Department, Assistant Commissioner of Income Tax, Circle 8, Pune

In the result, the appeal filed by the assessee stands dismissed as ‘withdrawn’

ITA 2627/PUN/2024[2021-22]Status: DisposedITAT Pune25 Mar 2025AY 2021-22

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2627/Pun/2024 िनधा"रण वष" / Assessment Year : 2021-22 Dynapac Road Construction Vs. The Assessment Unit, Equipment (India) Private Income Tax Department, Limited, Nfac, Delhi. Plot No.1, Gat No.163 (Part), 164 – 168, Alandi Market Road, Village- Fulgaon, Taluka- Haveli, Dist. Pune- 412216. Pan : Aagcd1573N Appellant Respondent Assessee By : Shri Akshay Nagrajan (Virtual) Revenue By : Shri Prakash L. Pathade Date Of Hearing : 12.03.2025 Date Of Pronouncement : 25.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against Final Assessment Order Dated 23.10.2024 Passed U/S 143(3) R.W.S. 144C(13) Of The It Act For The Assessment Year 2021-22. 2. When The Matter Was Called For Hearing, Ld. Ar Of The Assessee Filed An Application Seeking Withdrawal Of The Above Captioned Appeal In The Light Of The Fact That The Assessee Has Opted

For Appellant: Shri Akshay Nagrajan (Virtual)For Respondent: Shri Prakash L. Pathade
Section 143(3)

Date of hearing : 12.03.2025 Date of pronouncement : 25.03.2025 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against final assessment order dated 23.10.2024 passed u/s 143(3) r.w.s. 144C(13) of the IT Act for the assessment year 2021-22. 2. When the matter

Coesia India Private Limited, Pune vs. The Assessment Unit, Income Tax Department, NFAC and the DCIT, Circle 8, Pune

In the result, the appeal filed by the assessee stands dismissed as ‘withdrawn’

ITA 1713/PUN/2024[2020-21]Status: DisposedITAT Pune25 Mar 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1713/Pun/2024 िनधा"रण वष" / Assessment Year : 2020-21 Coesia India Private Vs. The Assessment Unit, Limited, Income Tax Department, Plot No.49 & 50, Gate Nfac, Delhi. No.343, Village Mahalunge, Taluka Khed, Pune- 410501. Pan : Aadcv0606P Appellant Respondent Assessee By : Shri Akshay Nagrajan (Virtual) Revenue By : Shri Prakash L. Pathade Date Of Hearing : 12.03.2025 Date Of Pronouncement : 25.03.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed By The Assessee Is Directed Against Final Assessment Order Dated 21.06.2024 Passed U/S 143(3) R.W.S. 144C(13) Of The It Act For The Assessment Year 2021-22. 2. When The Matter Was Called For Hearing, Ld. Ar Of The Assessee Filed An Application Seeking Withdrawal Of The Above Captioned Appeal In The Light Of The Fact That The Assessee Has Opted For Direct Tax Vivad Se Vishwas Scheme, 2024 & In This Regard Copy Of Form 1 Dtvsvs, 2024 Was Also Filed By The Assessee.

For Appellant: Shri Akshay Nagrajan (Virtual)For Respondent: Shri Prakash L. Pathade
Section 143(3)

Date of hearing : 12.03.2025 Date of pronouncement : 25.03.2025 आदेश / ORDER PER MANISH BORAD, AM: This appeal filed by the assessee is directed against final assessment order dated 21.06.2024 passed u/s 143(3) r.w.s. 144C(13) of the IT Act for the assessment year 2021-22. 2. When the matter

Utv Software Communications Pvt. Ltd, Mumbai vs. ACIT Cir 16(1), Mumbai

In the result, the appeal filed by the assessee is dismissed as withdrawn

ITA 2524/MUM/2022[2018-19]Status: DisposedITAT Mumbai24 Mar 2025AY 2018-19

Bench: Shri. Narendra Kumar Billaiya, Am & Ms. Kavitha Rajagopal, Jm Utv Software Communications The Assistant Commissioner Of Private Limited Income Tax, Circle – 16(1) Room No. 467, 4Th Floor, Aayakar Star House, Urmi Estate, 95, Ganpatrao Vs. Kadam Marg, Lower Parel (W), Bhavan, Maharishi Karve Road, Mumbai – 400 013. Mumbai – 400020. Pan/Gir No. Aaacu4122G (Appellant) : (Respondent) Assessee By : Ms. Simran Keswani Respondent By : Shri. Pankaj Kumar, (Cit Dr) Date Of Hearing : 24.03.2025 Date Of Pronouncement : 24.03.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Final Assessment Order Dated 30.07.2022 Of The Learned Assessing Officer (‘Ld. Ao’ For Short), Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (‘The Act'), Pursuant To The Direction Of The Hon'Ble Dispute Resolution Panel (‘Hon'Ble Drp’ For Short) Dated 29.06.2022 U/S. 144C(5) Of The Act, Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Assessee Intends To Withdraw The Present Appeal & Had Made A Written Submission On March, 2025 To That Effect Stating That The Assessee Has Opted To Settle The Dispute Utv Software Communications Private Limited Through The Direct Tax Vivad Se Vishwas Scheme, 2024 Along With The Relevant Forms As Per The Dtvsv 2024 Scheme. 3. Upon Perusal Of The Same, We Deem It Fit To Dismiss The Appeal Filed By The Assessee As Withdrawn With The Liberty That The Assessee May Revive The Appeal If The Same Has Not Been Settled In The Dtvsv Scheme, If & When Necessary. 4. In The Result, The Appeal Filed By The Assessee Is Dismissed As Withdrawn. Order Pronounced In The Open Court On 24.03.2025 (Narendra Kumar Billaiya)Mumbai; Dated: 24.03.2025 Karishma J. Pawar (Stenographer) Copy Of The Order Forwarded To: 1. The Appellant 2. The Respondent 3. Cit- Concerned 4. Dr, Itat, Mumbai 5. Guard File By Order

For Appellant: Ms. Simran KeswaniFor Respondent: Shri. Pankaj Kumar, (CIT DR)
Section 143(3)Section 144C(5)

Pronouncement : 24.03.2025 O R D E R Per Kavitha Rajagopal, J M: This appeal has been filed by the assessee, challenging the final assessment order dated 30.07.2022 of the learned Assessing Officer (‘ld. AO’ for short), passed u/s. 143(3) r.w.s. 144C(13) of the Income