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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

Aveva Information Technology India Private Limited (Successor of Aveva Software Private Limited), Mumbai vs. Deputy Commissioner of Income Tax, Circle 15(1)(1), Mumbai

In the result, the appeal filed by the assessee is dismissed as withdrawn

ITA 4813/MUM/2024[2020-21]Status: DisposedITAT Mumbai14 Feb 2025AY 2020-21

Bench: Shri Sandeep Singh Karhail, Jm & Shri Girish Agrawal, Am आयकर अपील सं./Ita No.4813/Mum/2024 (िनधा"रण वष" / Assessment Year :2020-2021) Aveva Information Technology Vs. Dcit, Circle-15(1)(1), India Private Limited(Successor Mumbai Of Aveva Software Pvt. Ltd.) Unit No.202, A Wing Supreme Business Park, Hiranandani Gardens, Supreme City Powai Mumbai-400076 "थायी लेखा सं./Pan No. : Aadca 0847 M (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Mr. Yash Ranglani, Ar राज"व क" ओर से /Revenue By : Shri Kiran Unavekar, Sr.Dr सुनवाई क" तारीख / Date Of Hearing : 12/02/2025 घोषणा क" तारीख/Date Of Pronouncement : 14/02/2025 आदेश / O R D E R Per Sandeep Singh Karhail, Jm : The Assessee Has Filed The Present Appeal Challenging The Impugned Final Assessment Order Dated 30.07.2024, Passed Under Section 143(3) R.W. Section 144C(13) R.W. Section 144B Of The Income Tax Act, 1961 (“The Act”) Pursuant To The Directions Issued By The Learned Dispute Resolution Panel-1, Mumbai-2, For The Assessment Year 2020-21. 2. At The Time Of The Hearing, The Learned Ar For The Assessee Submitted A Copy Of The Acknowledgement Dated 31.01.2025 Of Filing Of Form 1 Under Direct Tax Vivad Se Vishwas Scheme, 2024 & Stated That 2 Aveva Information Technology India Pvt. Ltd. The Assessee Has Opted For Direct Tax Vivad Se Vishwas Scheme, 2024.In Light Of The Above Letter, We Dismiss The Appeal Of The Assessee With The Liberty To Reinstate The Appeal If Its Application Under Direct Tax Vivad Se Vishwas Scheme, 2024, Is Not Accepted.

For Appellant: Mr. Yash Ranglani, ARFor Respondent: Shri Kiran Unavekar, Sr.DR
Section 143(3)Section 144BSection 144C(13)

Pronouncement : 14/02/2025 आदेश / O R D E R Per Sandeep Singh Karhail, JM : The assessee has filed the present appeal challenging the impugned final assessment order dated 30.07.2024, passed under section 143(3) r.w. section 144C(13) r.w. section 144B of the Income Tax Act, 1961 (“the Act”) pursuant

Deputy Commissioner of Income Tax, Circle 3(1), Visakhapatnam vs. Ssnr Projects Private Limited, Visakhapatnam

In the result, appeal filed by the Revenue is dismissed

ITA 461/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam31 Jan 2025AY 2020-21

Bench: Shri Duvvuru Rl Reddy & Shri S Balakrishnanआयकरअपीलसं./ I.T.A. No.461/Viz/2024 (िनधा"रणवष"/ Assessment Year : 2020-21) Deputy Commissioner Of Income Vs. M/S. Ssnr Projects Private Tax, Circle-3(1), Limited, Visakhapatnam. Visakhapatnam. Pan: Aarcs 2464 C (अपीलाथ"/ Appellant) (""थ"/ Respondent) अपीलाथ"कीओरसे/ Assessee By : Sri Samuel Nagadesi ""ाथ"कीओरसे/ Revenue By : Dr. Aparna Villuri, Sr. Ar सुनवाईकीतारीख/ Date Of Hearing : 17/12/2024 घोषणाकीतारीख/Date Of : 31/01/2025 Pronouncement O R D E R

For Appellant: Sri Samuel NagadesiFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 139Section 139(1)Section 143(1)Section 143(3)Section 36(1)(va)Section 90

present case. In the present case, the returns were filed without FTC, however the same was filed before passing of the final assessment order. The filing of FTC in terms of the Rule 128 is only directory in nature. The rule is only for the implementation of the provisions ... filed by the petitioner on 02.02.2021.The respondent is directed to give due credit to the Kenya income of the petitioner and pass the final assessment order. Further, it ismade clear that the impugned order is set aside only to the extent of disallowing of FTC claim made by the petitioner