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B. M. SHYAM PRASAD
Google India Private Limited – Appellant
Versus
National Faceless Assessment Centre – Respondent
| Table of Content |
|---|
| 1. improper filing of objections under it act. (Para 1) |
| 2. counsel discussion on the case precedents. (Para 2) |
| 3. objections must be filed with both drp and assessing officer. (Para 3) |
| 4. assessment order must be quashed for proper consideration. (Para 4) |
ORDER :
1. The petitioner has impugned the respondent's Final Assessment Order dated 31.10.2023 [Annexure- C] under Sections 143(3), 144C(3) read with Section 144B of the INCOME TAX ACT , 1961 [for short, 'the IT Act'] for the relevant assessment year 2020-21 impugning the contemporaneous Computation Sheet and Demand Notices as also initiation of the penalty proceedings. The petitioner's case is that upon service of notice of the Draft Assessment Order as contemplated under Section 144C(1) of the IT Act, the petitioner has filed objections as against the proposed variation with the Dispute Resolution Panel [DRP] but by inadvertence, the same is not filed with the Assessing Officer viz., the Faceless Assessment Centre, and because the Assessing Officer is thus not informed about the objections to the proposed variance, the impugned Assessment Order is concluded under Section 144C(3)(a) of the IT Act.
2. Sri. Deepak Chopra
A taxpayer must file objections to proposed tax assessments with both the Dispute Resolution Panel and Assessing Officer for effective challenge under the Income Tax Act.
The court ruled that an Assessing Officer must wait for the Dispute Resolution Panel's directions before passing a final assessment order, even if objections are not communicated timely, emphasizing ....
Violation of mandatory procedure under Section 144C of the Income Tax Act and a circular issued by the Central Board of Direct Taxes led to the setting aside of the Assessment Order and restoration o....
The assessing officer must await the Dispute Resolution Panel's decision before proceeding with the final assessment, as outlined in Section 144C of the Income Tax Act, ensuring adherence to procedur....
The court emphasized the importance of complying with time limits and the jurisdiction of the Assessing Officer to pass assessments in conformity with the directions of the Dispute Resolution Panel.
An assessment order passed without compliance with procedural requirements of the Income Tax Act is invalid and must be set aside.
Jurisdiction to issue assessment orders is invalid if objections are pending with the Dispute Resolution Panel; proper compliance with procedures outlined in tax legislation is essential for lawful a....
The Assessing Officer must await directions from the Dispute Resolution Panel before finalizing assessments after taxpayer objections, as mandated by the Income Tax Act, ensuring compliance with stat....
The court established that a final assessment order cannot be issued without awaiting directions from the Dispute Resolution Panel when objections have been timely filed.
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