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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Royal Cyber Private Limited – Appellant
Versus
Assessment Unit/ Verification Unit Technical Unit, Review Unit, Represented By Its Designated Authority, Income Tax Department – Respondent
ORDER :
S.R.KRISHNA KUMAR, J.
In this petition, petitioner seeks for the following reliefs:-
“1. Issue a writ of Certiorari, or any other order or direction of like nature, calling for records on the file of the First Respondent comprised in the impugned order bearing DIN: ITBA/AST/S/143(3)/2023- 24/1060582725(1) dated 06.02.2024 under section 143(3) r.w.s. 144C(3) read with section 144B of the Income Tax Act, 1961, for the AY 2021-22 [attached as Annexure-A], quash the same and pass such further or other orders as may be deemed fit and proper in the circumstances of this case, and render justice.”
2. Heard learned 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 pursuant to the Income Tax returns filed by the petitioner, the case of the petitioner was selected for scrutiny and referred to the Transfer Pricing Officer, who made a transfer pricing adjustment of Rs.8,59,57,142/- vide order dated 17.10.2023. In pursuance of the same, respondent No.2 passed draft Assessment Order dated 04.12.2023, to which the petitioner filed its objection dated 03.01.2024 before the Dispute Reso
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 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 ....
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....
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....
Timelines established in taxation statutes, particularly under Section 144C(13) of the Income Tax Act, are mandatory and essential for the validity of assessment proceedings.
Assessment orders beyond mandatory statutory timelines are invalid and liable to be quashed.
Final assessment order u/s 144C(13) quashed as barred by limitation beyond one month from end of month of DRP directions; comparables excluded for functional dissimilarity and filter failures in TP a....
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