A final assessment order was passed under section 143(3) read with section 144C(3) and 144B of the Act. A further notice of demand under section 156 and notice for penalty under section 274 were also issued. On writ the Assessee contended that assessment order as also demand/penalty notices were illegal and void ab initio inasmuch as same were beyond prescribed limitation for completion of assessment as prescribed by section 153 read with section 144C. Court held that issue as involved in is similar to one involved in assessee’s own case for another year which was pending for final hearing. In said case of assessee following two other decisions of High Court it was observed that provisions of section 153 which provide for period of limitation is necessarily applicable to proceedings under section 144C. Following same, assessment order passed under section 143(3) read with section 144C(3) and section 144B as also consequent demand notice and penalty proceedings were to remain stayed. Followed Shelf Drilling Ron Tappmeyer Ltd v. ACIT (2023) 295 Taxman 85/ 457 ITR 161 (Bom)(HC), CIT v. Roca Bathroom Products (P)Ltd (2022) 140 taxmann.com 304/ 445 ITR 537 (Mad)(HC), Bid Services Division Mauritius Ltd v. ACIT (WP No. 110 60 of 2023 dt 21-8 2023. (AY. 2021-22)
PayPal Payments (P.) Ltd. v. ACIT (2024) 301 Taxman 78/341 CTR 653 / 241 DTR 449 (Bom.)(HC)
S. 144C : Reference to dispute resolution panel-Assessment Limitation-Assessment order is beyond limitation-Pending for final hearing-Assessment order passed under section 143(3) read with section 144C(3) and section 144B as also consequent demand notice and penalty proceedings were to remain stayed. [S. 143(3), 144B, 144C(3), Art. 226]