Classic Legends Pvt. Ltd. v. Asst. Unit /(2025) 307 Taxman 95 (2026) 484 ITR 550 /348 CTR 323 / 257 DTR 418 (Bom)(HC)

S. 144C : Reference to dispute resolution panel-Non eligible assessee-Assessing Officer cannot pass draft assessment order under section 144C(1)-Draft assessment order, final assessment order and notices of demand and penalty set aside. [S. 92CA(3), 143(3), 144C(15), 156, 270A, 271AAC, Art. 226]

Held that  the assessee not being an “eligible assessee” in terms of section 144C(15)(b), was not an assessee for whom the Assessing Officer was competent to pass the draft assessment order under section 144C(1) and consequently, he could not have passed the final assessment order under section 143(3) read with section 144C(3) read with section 144B. Accordingly, the draft assessment order, the final assessment order and the demand notice under section 156, as well as the notices under sections 270A and 271AAC seeking to impose a penalty, were quashed and set aside.

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