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“eligible assessee”

Assessment ProceduresSection 144CSection 144C662 judgments

The decision most relied on for eligible assessee is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 judgments on BharatTax.

Leading authorities on eligible assessee

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Pandian Chemicals Ltd. v. CIT
262 ITR 278 · 2003 · Supreme Court
353
citing judgments

Income eligible for deduction under Section 80IA or 80IC must have a direct nexus with the eligible business activity of the industrial undertaking. Income merely incidental to the business, even if part of the assessee's overall business, is not considered "derived from" the eligible undertaking.

CIT v. Yokogawa India Ltd.
391 ITR 274 · 2017 · Supreme Court
290
citing judgments

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

CIT v. ABG Heavy Industries Ltd.
322 ITR 323 · 2010 · High Court
229
citing judgments

The Assessing Officer cannot deny a Section 80IA deduction by merely asserting that the assessee is not a "developer" without considering the relevant agreements and facts. Entitlement to Section 80IA deduction requires a thorough examination of the assessee's role as a developer.

CIT v. Claris Lifesciences Ltd.
326 ITR 251 · 2010 · High Court
196
citing judgments

If approval from the Department of Scientific and Industrial Research (DSIR) for an in-house R&D centre is granted during the previous year, the assessee is entitled to claim weighted deduction under section 35(2AB) for the entire expenditure incurred during that year.

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.

CIT v. Ramkrishna Deo
35 ITR 312 · 1959 · Supreme Court
84
citing judgments

The burden of proving that a particular income is exempt from taxation, or is not taxable, lies on the assessee. To claim an exemption or a deduction, the assessee must provide proper materials to establish eligibility.

CIT v. Kamal Wahal
351 ITR 4 · 2013 · High Court
71
citing judgments

An assessee is eligible for capital gains exemption under Sections 54 and 54F even when the new residential house is purchased in the name of their spouse, provided the investment comes from the assessee's own funds. This allows for a purposive construction of these provisions.

Judgments citing eligible assessee

Aveva Solutions India LLP, Hyderabad vs. Income Tax Officer, Ward 8(1), Hyderabad

In the result, appeal of the Assessee is allowed

ITA 1170/HYD/2024[2021-22]Status: DisposedITAT Hyderabad19 Nov 2025AY 2021-22

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1170/Hyd/2024 Assessment Year – 2021-2022 Aveva Solutions India The Income Tax Officer, Llp, Hyderabad. Vs. Ward-8(1), Pin – 500 008. Hyderabad – 500 084. Pan Aayfa6913G (Appellant) (Respondent) Sri Percy Perdiwala, Advocate िनधा"रती "ारा /Assessee By: Shri Harsh Shah & Ca Karan Jain. राज" व "ारा /Revenue By: Ms U Mini Chandran, Cit-Dr

For Appellant: Shri Harsh Shah and CA Karan JainFor Respondent: MS U Mini Chandran, CIT-DR
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 153Section 153(1)Section 153(4)Section 92C

sec.144C begins with a non-obstante clause and, therefore, sec.144C is a Code in itself so far as the assessments in case of an “eligible assessee” and, therefore, the non-obstante clause in sec.144C(13) excludes the provisions of sec.153 of the Act. Learned DR has submitted that sec.153 ... sec.153 of the Act. The learned DR has further submitted that the Income Tax Act provides two different methods of assessment one for the “eligible assessee” as defined u/sec.144C(15)(b) of the Act and the “other method” is applicable for the assessees’ who falls under the normal category

Jamyang Khyentse Yeshi, Kangra, Himachal Pradesh vs. ACIT, DCIT, C.R. Building, Chandigarh

The appeal of the assessee is partly allowed

ITA 604/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh17 Nov 2025AY 2013-14

Bench: The Ld. Cit(A). The Ld. Cit(A), After Calling For A Remand Report Under Rule 46A, Recorded The Following Findings (Para 5.1 To 5.5 Of The Appellate Order):

For Appellant: Shri Nitin Kanwar, Advocate (Virtual)For Respondent: Shri Prem Singh, Addl. CIT, Sr. DR
Section 133(6)Section 147Section 148Section 69A

different. The Ld. AR had further submitted that in view that there is no repeal and saving clause after insertion of the eligible assessee in section 144C(15), the assessment initially initiated under the old regime cannot be completed in the new regime and for the above-mentioned purposes

Madan Lal Tomar, Agra vs. ITO, Ward 2(1)(1), Agra

In the result, the appeal of the assessee is allowed

ITA 51/AGR/2025[2009-10]Status: DisposedITAT Agra13 Nov 2025AY 2009-10

Bench: Shri M. Balaganesh(Through Virtual Hearing) Sarvesh Devi Vs. Ito, (Legal Heir Of Late Madan Lal Ward-2(1)(1), Tomar, 51, Keshav Kunj, Agra Pratap Nagar, Agra, 282 001, Up (Appellant) (Respondent) Pan: Aaxpt3982D Assessee By : Shri Rajesh Malhotra, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 20/08/2025 Date Of Pronouncement 13/11/2025 O R D E R 1. The Appeal In Ita No. 51/Agr/2025 For Ay 2009-10, Arises Out Of The Order Of The Ld National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Nfac’, In Short] Dated 09.12.2024 Against The Order Of Assessment Passed U/S 147 R.W.S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 25.07.2019 By The Ito, Ward-4(2), Agra (Hereinafter Referred To As ‘Ld. Ao’).

For Appellant: Shri Rajesh Malhotra, CAFor Respondent: Shri Anil Kumar, Sr. DR
Section 143(2)Section 144Section 147Section 292B

result of the succession" Now, in the present case, learned Counsel appearing on behalf of the respondent submitted that SPIL ceased to be an eligible assessee in terms of the provisions of Section 144C read with clause (b) of sub section 15. Moreover, it has been urged that in consequence

Sarvesh Devi (Legal Heir of Late Madan Lal Tomar), Agra vs. ITO, Ward 2(1)(1), Agra

In the result, the appeal of the assessee is allowed

ITA 311/AGR/2025[2007-08]Status: DisposedITAT Agra13 Nov 2025AY 2007-08

Bench: Shri M. Balaganesh(Through Virtual Hearing) Sarvesh Devi (Legal Heir Vs. Income Tax Officer, Of Late Madan Lal Tomar), Ward-4(3)(1), 51, Keshavkunj Pratap Hathras Nagar, Agra (Appellant) (Respondent) Pan: Eshpd4540M Assessee By : Shri Rajesh Malhotra, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 18/08/2025 Date Of Pronouncement 13/11/2025

For Appellant: Shri Rajesh Malhotra, CAFor Respondent: Shri Anil Kumar, Sr. DR
Section 144Section 147Section 148Section 292B

result of the succession" Now, in the present case, learned Counsel appearing on behalf of the respondent submitted that SPIL ceased to be an eligible assessee in terms of the provisions of Section 144C read with clause (b) of sub section 15. Moreover, it has been urged that in consequence

Sonu Dusad, Jaipur vs. DCIT Central Circle, 1, Jaipur

In the results, the appeal of the assessee in ITA no

ITA 509/JPR/2025[2021-22]Status: DisposedITAT Jaipur12 Nov 2025AY 2021-22
For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

draft assessment order if the Assessing Officer proposes to make any variation in income that is prejudicial or adverse to the interest of the eligible Assessee. Hence, the impugned order is without jurisdiction and void ab initio. 8. It is evident from the assessment note sheet available on Page ... first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which is prejudicial to the interest of such assessee

Sonu Dusad, Jaipur vs. DCIT Central Circle, 1, Jaipur

In the results, the appeal of the assessee in ITA no

ITA 508/JPR/2025[2020-21]Status: DisposedITAT Jaipur12 Nov 2025AY 2020-21

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

draft assessment order if the Assessing Officer proposes to make any variation in income that is prejudicial or adverse to the interest of the eligible Assessee. Hence, the impugned order is without jurisdiction and void ab initio. 8. It is evident from the assessment note sheet available on Page ... first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which is prejudicial to the interest of such assessee

Sonu Dusad, Jaipur vs. DCIT Central Circle, 1, Jaipur

In the results, the appeal of the assessee in ITA no

ITA 507/JPR/2025[A.Y. 2018-19]Status: DisposedITAT Jaipur12 Nov 2025

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

draft assessment order if the Assessing Officer proposes to make any variation in income that is prejudicial or adverse to the interest of the eligible Assessee. Hence, the impugned order is without jurisdiction and void ab initio. 8. It is evident from the assessment note sheet available on Page ... first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which is prejudicial to the interest of such assessee

Sonu Dusad, Jaipur vs. DCIT Central Circle, 1, Jaipur

In the results, the appeal of the assessee in ITA no

ITA 506/JPR/2025[2016-17]Status: DisposedITAT Jaipur12 Nov 2025AY 2016-17

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

draft assessment order if the Assessing Officer proposes to make any variation in income that is prejudicial or adverse to the interest of the eligible Assessee. Hence, the impugned order is without jurisdiction and void ab initio. 8. It is evident from the assessment note sheet available on Page ... first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which is prejudicial to the interest of such assessee

Sonu Dusad, Jaipur vs. DCIT Central Circle, 1, Jaipur

In the results, the appeal of the assessee in ITA no

ITA 505/JPR/2025[2015-16]Status: DisposedITAT Jaipur12 Nov 2025AY 2015-16

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

draft assessment order if the Assessing Officer proposes to make any variation in income that is prejudicial or adverse to the interest of the eligible Assessee. Hence, the impugned order is without jurisdiction and void ab initio. 8. It is evident from the assessment note sheet available on Page ... first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which is prejudicial to the interest of such assessee

Haseeb Mohammed Iqbal Shaikh, Mumbai vs. ITO, Int Tax 4(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 235/MUM/2025[2016-17]Status: DisposedITAT Mumbai11 Nov 2025AY 2016-17

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2016-17 Haseeb Mohammed Iqbal Shaikh Income Tax Officer, 9/301, Vijay Park Ghodbunder (International Taxation)- Road, Kasarvadavli, Thane, Vs 4(2)(1), Mumbai - 400601 Mumbai (Pan : Bscps9388A) (Appellant) (Respondent) Present For: Assessee : Shri Nishant Thakkar, Shri Rajesh Poojary & Ms. Jasmin Amalsadwala, Advocates Revenue : Shri Krishna Kumar, Sr. Dr Date Of Hearing : 14.08.2025 Date Of Pronouncement : 11.11.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Assessment Passed Under The Directions Of Dispute Resolution Panel-1, Mumbai, Vide Order No. Itba/Drp/F/144C(5)/2024-25/1070521602(1), Dated 21.11.2024, Passed U/S. 144C(5) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), For Assessment Year 2016-17. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. Reassessment Proceedigns: 1.1 The Income Tax Officer 1 (1), Thane ("The J.A.O.") Erred In Passing The Order U/S. 148A(D) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 28Th March 2023 & Issuing Notice U/S. 148 Of The Act On 29Th March 2023 In Violation Of The Provisions Of Section 151A Of The Act Read With E-Assessment Of Income Escaping Assessment Scheme, 2022. 2 Haseeb Mohammed Iqbal Shaikh Ay 2016-17

For Appellant: Shri Nishant Thakkar, Shri Rajesh Poojary and Ms. Jasmin Amalsadwala, AdvocatesFor Respondent: Shri Krishna Kumar, Sr. DR
Section 144Section 144C(5)Section 147Section 148Section 148ASection 151ASection 56Section 56(2)(vii)Section 69Section 69A

noted that ld. AO recorded the factual position of assessee being an individual with non- resident status and thus held that he is an eligible assessee within the meaning of section 144C(15)(b)(ii) of the Act. He proposed certain 4 Haseeb Mohammed Iqbal Shaikh AY 2016-17 variation

Skechers Sarl, Mumbai vs. The Assistant Commissioner of Income Tax 4(2)(1), Mumbai

In the result the appeal filed by the assessee stands partly

ITA 2028/MUM/2025[2022-23]Status: DisposedITAT Mumbai03 Nov 2025AY 2022-23

Bench: Smt. Beena Pillai () & Smt. Renu Jauhri ()

Section 143(3)Section 144CSection 144C(13)Section 153Section 234BSection 270A

consider any matter arising out of the assessment proceedings relating to the draft order, notwithstanding that such matter was raised or not by the eligible assessee." 8.2 Prior to insertion of Explanation to section 144C(8) by the Finance Act, 2012, various judicial precedents held that the powers ... assessment order This power to consider any issue would be irrespective of the fact whether such matter was raised by the eligible assessee or not The amendment will be effective retrospectively from the 1st day of April, 2009 and will accordingly apply to assessment year 2009-10 and subsequent assessment

Kapa Sindhu Mitra, Usa vs. Income Tax Officer (Int Taxn)-1, Hyderabad

In the result, appeal of the Assessee is allowed for statistical purposes

ITA 513/HYD/2024[2016-17]Status: DisposedITAT Hyderabad31 Oct 2025AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Manjunatha Gआ.अपी.सं /Ita No.513/Hyd./2024 िनधा"रण वष"/Assessment Years 2016-2017 Kapa Sindhu Mitra, 20148, Holly Hock Terrace, The Income Tax Officer – Ash Burn, V A, Vs. [Int. Taxn)-1, Hyderabad – 500 004. United States Of America. Pan Azcpk8030D (Appellant) (Respondent) िनधा"रती "ारा/Assessee By : Sri Sashank Dundu, Advocate राज" व "ारा/Revenue By : Dr. Narendra Kumar Naik, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 29.10.2025 घोषणा की तारीख/Pronouncement: 31.10.2025 आदेश/Order Per Vijay Pal Rao:

For Appellant: Sri Sashank Dundu, AdvocateFor Respondent: Dr. Narendra Kumar Naik, CIT-DR
Section 144C(5)Section 147Section 148Section 148ASection 149Section 151A

Paras-4 and 5 as under : “4. The Panel is of the considerate view that the DRP gets jurisdiction over a case when an eligible assessee files objection in prescribed Form 35A as per Rule 4 of Income Tax (Dispute Resolution Panel) Rules 2009 and within the time prescribed ... Draft order. The relevant paragraphs of the section 144C are reproduced here as under : "(2) On receipt of the draft order, the eligible assessee shall within thirty days of the receipt by him of the draft order, - (a) file his acceptance of the variations to the Assessing Officer

Garje Rudrappa Jayanna, Mandya vs. Income Tax Officer, Ward-1 & Tps, Mandya

In the result, appeals filed by the assessee are partly allowed

ITA 1079/BANG/2025[2018-19]Status: DisposedITAT Bangalore03 Oct 2025AY 2018-19

Bench: Shri. Laxmi Prasad Sahu

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri. Ganesh R. Ghale, Advocate, Standing Counsel for Revenue
Section 147Section 148Section 148ASection 149Section 271F

carried out by the assessee. Since from the provision of section 44AD of the Act, assessee is not covered under the eligible business and eligible assessee. Therefore, computation made by the assessee is also not correct. During the course of assessment proceedings as well as appellate proceedings before the learned

Garje Rudrappa Jayanna, Mandya vs. Income Tax Officer, Ward-1 & Tps, Mandya

In the result, appeals filed by the assessee are partly allowed

ITA 1078/BANG/2025[2015-16]Status: DisposedITAT Bangalore03 Oct 2025AY 2015-16

Bench: Shri. Laxmi Prasad Sahu

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri. Ganesh R. Ghale, Advocate, Standing Counsel for Revenue
Section 147Section 148Section 148ASection 149Section 271F

carried out by the assessee. Since from the provision of section 44AD of the Act, assessee is not covered under the eligible business and eligible assessee. Therefore, computation made by the assessee is also not correct. During the course of assessment proceedings as well as appellate proceedings before the learned

Deputy Commissioner of Income-Tax, Central Circle-2(2), Bangalore vs. M/S Trishul Developers, Bangalore

ITA 766/BANG/2025[2009-10]Status: DisposedITAT Bangalore29 Sept 2025AY 2009-10

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

For Appellant: Shri. A. Shankar, Sr. AdvocateFor Respondent: Shri. Muthu Shankar, CIT(DR)(ITAT), Bangalore
Section 132Section 153ASection 153CSection 292Section 69C

INCOME TAX APPELLATE TRIBUNAL "B" BENCH : BANGALORE BEFORE SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI. SOUNDARARAJAN K, JUDICIAL MEMBER

Karsankumar Adaji Mali, Mumbai vs. Income Tax Officer 20(2)(1), Mumbai

ITA 4806/MUM/2025[2012-13]Status: DisposedITAT Mumbai25 Sept 2025AY 2012-13

Bench: Smt. Beena Pillai (Jm) & Shri Omkareshwar Chidara (Am) Karsankumar Adaji Mali Ito Ward 20(2)(1) Saileela Building, 14Th Floor Piramal Chambers Flat No. 1407, Mp Mill Vs. Dr. Ss Rao Marg Compound, Tardeo Parel, Mumbai Mumbai-400 034. 400 012. Pan : Bappm9416A Appellant Respondent

For Appellant: Shri Hemanshu JoshiFor Respondent: Shri Bharat Kumar
Section 44A

proper consideration of the facts and supporting evidence. 7. As per Section 44AD of the Income Tax Act, 1961, where the turnover of an eligible assessee does not exceed Rs. 60,00,000/-, the assessee is not required to maintain regular books of account. 8. For the year under consideration

Income Tax Officer, Ward 29(1), New Delhi, Delhi vs. Sneh Sharma, Delhi

ITA 2141/DEL/2025[2017-18]Status: DisposedITAT Delhi24 Sept 2025AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

For Appellant: Shri Anil Bajaj, CAFor Respondent: Shri Manish Gupta, Sr. DR
Section 124(3)Section 143(1)Section 144CSection 144C(1)Section 144C(15)Section 147Section 195

specifically notes that TDS has been deducted u/s 195 of the Act which is a provision applicable only to non- resident. Thus, being an ‘eligible assessee’ for the purpose of section 144C(15) of the Act, the AO was supposed to first issue a draft assessment order u/s 144C ... High Court has held that such objections should be raised at the threshold. However, the assessment in the case of eligible assessee by virtue of provisions of section 144C of the Act is an assessment wherein both the subject i.e assessee and the subject matter of the assessment are vested

Income Tax Officer, Ward 29(1), New Delhi, Delhi vs. Sneh Sharma, Delhi

ITA 2140/DEL/2025[2016-17]Status: DisposedITAT Delhi24 Sept 2025AY 2016-17

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

For Appellant: Shri Anil Bajaj, CAFor Respondent: Shri Manish Gupta, Sr. DR
Section 124(3)Section 143(1)Section 144CSection 144C(1)Section 144C(15)Section 147Section 195

specifically notes that TDS has been deducted u/s 195 of the Act which is a provision applicable only to non- resident. Thus, being an ‘eligible assessee’ for the purpose of section 144C(15) of the Act, the AO was supposed to first issue a draft assessment order u/s 144C ... High Court has held that such objections should be raised at the threshold. However, the assessment in the case of eligible assessee by virtue of provisions of section 144C of the Act is an assessment wherein both the subject i.e assessee and the subject matter of the assessment are vested

Income Tax Officer, Ward 29(1), New Delhi, Delhi vs. Sneh Sharma, Delhi

ITA 2139/DEL/2025[2015-16]Status: DisposedITAT Delhi24 Sept 2025AY 2015-16

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

For Appellant: Shri Anil Bajaj, CAFor Respondent: Shri Manish Gupta, Sr. DR
Section 124(3)Section 143(1)Section 144CSection 144C(1)Section 144C(15)Section 147Section 195

specifically notes that TDS has been deducted u/s 195 of the Act which is a provision applicable only to non- resident. Thus, being an ‘eligible assessee’ for the purpose of section 144C(15) of the Act, the AO was supposed to first issue a draft assessment order u/s 144C ... High Court has held that such objections should be raised at the threshold. However, the assessment in the case of eligible assessee by virtue of provisions of section 144C of the Act is an assessment wherein both the subject i.e assessee and the subject matter of the assessment are vested

Income Tax Officer, Ward 29(1), New Delhi, Delhi vs. Sneh Sharma, Delhi

ITA 2138/DEL/2025[2014-15]Status: DisposedITAT Delhi24 Sept 2025AY 2014-15

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

For Appellant: Shri Anil Bajaj, CAFor Respondent: Shri Manish Gupta, Sr. DR
Section 124(3)Section 143(1)Section 144CSection 144C(1)Section 144C(15)Section 147Section 195

specifically notes that TDS has been deducted u/s 195 of the Act which is a provision applicable only to non- resident. Thus, being an ‘eligible assessee’ for the purpose of section 144C(15) of the Act, the AO was supposed to first issue a draft assessment order u/s 144C ... High Court has held that such objections should be raised at the threshold. However, the assessment in the case of eligible assessee by virtue of provisions of section 144C of the Act is an assessment wherein both the subject i.e assessee and the subject matter of the assessment are vested