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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Hitachi Energy India Limited, Represented By Its Head Of Taxation, Mr Arindam Lahiri – Appellant
Versus
Deputy Commissioner Of Income Tax, Circle 3(1)(1), Koramangala, Bangalore – Respondent
ORDER :
S.R. KRISHNA KUMAR, J.
In this petition, petitioner seeks the following reliefs :
“(a) Quashing the draft assessment order bearing DIN ITBA/AST/F/144C/2023-24/1056676734(1) dated 29.09.2023 (Annexure B) passed by the 1st Respondent under Section 144C of the Act for the assessment year 2020-21 as non-est and void ab initio;
(b) Quashing of the directions issued by the DRP dated 28.06.2024 (Annexure D) bearing no. F. No. 235/DRP-1/BNG/2023-24 by the 3rd Respondent under Section 144C(5) of the Act for the assessment year 2020-21 as being without jurisdiction;
(c) pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity.”
2. Heard learned Senior Counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that for the assessment year 2020-21, the petitioner has filed its return of income declaring a total income of Rs.2,97,02,48,150/- and tax liability of Rs.73,87,00,259/-. During the course of assessment proceedings, a reference came to be made to the Transfer Pricing Officer (TPO) on 24.07.2023 f
A petitioner not deemed 'eligible assessee' under Section 144C due to absence of TPO variation cannot be subjected to draft assessment procedures, confirming jurisdictional limits of the Assessing Of....
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....
Point of Law : Taxation - Assessment Order - Challenged - Assessment order without issuing a draft assessment order under Section 144C(1), even in case of remand of proceedings and that such an omiss....
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 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 ....
The failure to issue a draft assessment order under Section 144C of the Income Tax Act renders the final assessment order void, violating principles of natural justice.
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