| |
| The Tax Publishers2020 TaxPub(DT) 0147 (Mum-Trib) : (2020) 204 TTJ 0624 INCOME TAX ACT, 1961
Section 144C(13)
Draft assessment order does not carry the force of a final assessment order which results in an enforceable demand against assessee. Thus, in strict sense of the term, draft assessment order cannot be treated as assessment order passed under section 143(3) read with section 144C(3) or section 144C(13). Therefore, non-signing of draft assessment order forwarded to assessee could not invalidate final assessment order passed under section 143(3) read with section 144C(13), especially when there was no dispute that final assessment order had been duly signed and stamped by AO.
|
Assessment - Validity - Draft assessment order issued in terms of section 144(c)(1) not bearing any initial or signature of AO -
Assessee challenged validity of final assessment order passed under section 144C(13) read with section 143(3) on the ground that copy of the draft assessment order forwarded by AO did not bear any initial or signature of AO, hence, it was invalid and consequently, final assessment order was also invalid.Held: Draft assessment order does not carry the force of a final assessment order which results in an enforceable demand against assessee. Thus, in strict sense of the term, draft assessment order cannot be treated as assessment order passed under section 143(3) read with section 144C(3) or section 144C(13). Therefore, non-signing of draft assessment order forwarded to assessee could not invalidate final assessment order passed under section 143(3) read with section 144C(13), especially when there was no dispute that final assessment order had been duly signed and stamped by AO.
Distinguished:Kalyan Kumar Rai v. CIT (1991) 191 ITR 634 (SC) : 1991 TaxPub(DT) 1526 (SC) and) Vijay Corporation v. ITO (2012) 18 Taxmann.com 88 (Mum.) : 2014 TaxPub(DT) 4865 (Mum-Trib).
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 90
 SUBSCRIBE FOR FULL CONTENT
|