Held, allowing the appeal, that the Assessing Officer was required to adjudicate the issue of amount received under international sales and marketing agreement afresh in line with the directions of the Tribunal. It was incumbent upon the Assessing Officer to follow the procedure laid down under section 144C of the Act, to first pass the draft assessment order. The assessment order dated December 29, 2016 passed by the Assessing Officer without passing a draft assessment order is invalid and unsustainable, and liable to be quashed.(AY. 2010-11)
Marriott International Inc. v. Dy. CIT (2024) 110 ITR 632 (Mum)(Trib)
S. 144C : Reference to dispute resolution panel-International Transactions-Eligible assessee-Remand by Tribunal with direction to consider additional ground raised by assessee-Assessing Officer passing final assessment order without passing order is void ab initio.[S. 254(1)]