Dismissing the appeal of the Revenue, the Court held that since at the stage of passing the draft order, ACIT had assessed tax, passed the final order, and also issued a demand notice. The procedure followed by the ACIT is contrary to law and the mistake could not be cured under section 292B of the Act. SLP of Revenue is dismissed as the delay OF 424 days in filing SLP is not explained properly. (AY. 2011-12 to 2013-14)
CIT(IT) v. Cisco Systems Services B.V. India Branch(2024) 300 Taxman 359 (SC) Editorial : CIT(IT) v. Cisco Systems Services B.V.(2023) 293 Taxman 85/ 456 ITR 50/334 CTR 52 (Karn)(HC)
S. 144C: Reference to dispute resolution panel-Draft assessment order-Passing of final order-Contrary to law-Mistake could not be cured-Delay of 424 days-SLP of Revenue is dismissed as the delay is not explained properly. [S. 156, 292B, Art. 136]
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