Allowing the petition the Court held that that the Assessing Officer could not be faulted for passing the order in question. However, since the assessee had already filed application raising its objections before the Dispute Resolution Panel and section 144C(4) required the Assessing Officer to pass the final order according to the directions that would be issued by the Dispute Resolution Panel, the order passed under section 143(3) read with sections 144C(3) and 144B, the notice of demand under section 156 and the notice of penalty under section 270A were set aside. The Assessing Officer could pass a fresh order in accordance with the directions of the Dispute Resolution Panel in the pending application. (AY.2017-18)
Sulzer Pumps India Pvt. Ltd. v. Dy. CIT (2024)465 ITR 619 (Bom)(HC)
S. 144C : Reference to dispute resolution panel-Eligible assessee-Draft assessment order-Failing to communicate to Assessing Officer Final assessment order is passed during pendency of objections-Order set aside and Assessing Officer is directed to pass fresh order in accordance with directions of Dispute Resolution Panel. [S. 143(3) 144B, 144C(2), 144C(3), 144C(4), Art.226]