Sandvik Mining & Construction Tools AB v. ACIT (2021) 214 TTJ 523 / 63 CCH 440 / 207 DTR 115 (Pune)(Trib.)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Draft assessment order-Appeal is not maintainable. [S. 144C(1), 144C(13)]

An order under section 144C(1) is only a draft of the proposed of assessment and not an order of assessment, therefore no appeal lies against draft assessment order, though wrongly mentioned of section 144C(13) of the Act. Tribunal held that the learned CIT(A) took an unimpeachable view in treating the appeal against the draft order  as defective. Accordingly the appeal was dismissed.  (AY. 2016-17)