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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

Mentor Graphics (India) Pvt. Ltd (Calypto Design Systems India Pvt Ltd- Amalgamated Company), New Delhi vs. DCIT Circle-16(1), New Delhi

The appeal is allowed

ITA 842/DEL/2021[2016-17]Status: DisposedITAT Delhi17 Jan 2025AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2016-17 Mentor Graphics (India) Pvt. Ltd., Vs Dcit, (Calypto Design Systems India Pvt. Circle-16(1), Ltd. – Amalgamated Company), New Delhi. P-24, Green Park Extension, New Delhi – 110 016. Pan: Aabcm5494Q (Appellant) (Respondent) Assessee By : Shri Vishal Kalra, Advocate & Shri Ankit Sahani, Advocate & Shri Yishu Goel, Ar Revenue By : Shri S.K. Jadhav, Cit-Dr Date Of Hearing : 09.01.2025 Date Of Pronouncement : 17.01.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Final Assessment Order Dated 30.03.2021 Passed U/S 143(3) R.W.S. 144C (13) R.W.S. 143(3A & 143(3B) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The National E-Assessment Centre, Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Vishal Kalra, Advocate &For Respondent: Shri S.K. Jadhav, CIT-DR
Section 142(1)Section 143(3)

Date of Hearing : 09.01.2025 Date of Pronouncement : 17.01.2025 ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the final assessment order dated 30.03.2021 passed u/s 143(3) r.w.s. 144C (13) r.w.s. 143(3A & 143(3B) of the Income Tax Act, 1961 (hereinafter referred ... passed the order in the name of Calypto Design Systems India Pvt. Ltd and made no reference of the merger. Thus, the final assessment order dated 30.03.2021 passed by NeAC in the name of non-existing entity is certainly not 3 sustainable. The Department and AO were quite aware

Sundaram Fastners Ltd., Chennai vs. ITO, Corporate Ward-6(1), Chennai

The appeal stand partly allowed

ITA 2501/CHNY/2024[2020-21]Status: DisposedITAT Chennai15 Jan 2025AY 2020-21

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.2501/Chny/2024 (िनधा)रण वष) / Assessment Year: 2020-21) & 2. आयकरअपील सं./ It(Tp)A No.92/Chny/2024 (िनधा)रण वष) / Assessment Year: 2021-22) M/S Sundram Fasteners Limited Ito बनाम/ 98-A, 7Th Floor, Dr. Radhakrishnan Salai Corporate Ward-6(1) Vs. Mylapore, Chennai-600 004. Chennai "थायीलेखासं./जीआइआरसं./Pan/Tan No. Aaacs-8779-D (अपीलाथ"/Appellant) : (""थ" / Respondent) Shri Vikram Vijayaraghavan (Advocate) – Ld. Ar अपीलाथ"कीओरसे/ Appellant By : ""थ"कीओरसे/Respondent By : Shri A. Sasikumar (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 08-01-2025 घोषणाकीतारीख /Date Of Pronouncement : 15-01-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Respondent: Shri A. Sasikumar (CIT) -Ld. DR
Section 115BSection 143(3)Section 144C(5)Section 14ASection 14A(2)Section 80GSection 92C

have certain common issues. First, we take up appeal for Assessment Year (AY) 2020-21 which arises out of final assessment order dated 25.07.2024 passed by Ld. Assessing Officer, (AO) u/s 143(3) r.w.s. 92CA(4) r.w.s 144C(13) of the Act pursuant to the directions of Ld. Dispute Resolution ... assessment order was passed on 29.09.2023 which was subjected to assessee’s objections before Ld. DRP. Pursuant to the directions of Ld. DRP, final assessment order was passed against which the assessee is in further appeal before us. The grounds of appeal read as under: - 1. Depreciation on right