The Assessing Officer passed the final assessment order under section 144 read with section 144C(3) and section 144B of the Income-tax Act, 1961, while the assessee’s objections section 144C(2)(b)(ii) against the draft assessment order were sub-judice before the Dispute Resolution Panel, on a writ petition allowing the petition, that the final order of assessment, the consequent notices of demand and penalty were set aside giving liberty to the Department to pass a fresh assessment order on receipt of direction from the Dispute Resolution Panel. (AY.2020-21)
De Diamond Electric India Pvt. Ltd. v. NFAC (2024)465 ITR 626 (Delhi)(HC)
S. 144C : Reference to dispute resolution panel-Eligible Assessee-Draft assessment order-Final assessment order passed while assessee’s objections against draft assessment order sub-judice before Dispute Resolution Panel-Assessment order, notices of demand and penalty set aside-Assessing Officer is directed to pass fresh order in accordance with directions from Dispute Resolution Panel. [S. 144, 144B, 144C(2)(b)(ii), 144C(3), 156, 270A, 274, Art. 226]