Search Results for "Section 144-C"

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Search Results for "Section 144-C"

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High Court

High Court Quashes Income Tax Assessment Orders for Non-Compliance with Mandatory Draft Order Requirement Under Section 144C of Income Tax Act, 1961. The court held that issuance of draft assessment order under Section 144C(1) is mandatory for eligible assessees where variation arises from Transfer Pricing Officer order under Section 92CA(3), and non-compliance renders final order void ab initio, even after remand under Section 263.

6 Jan 2026

The dispute involved a pharmaceutical company challenging assessment orders passed by the Income Tax Department for Assessment Years 2017-18 and 2018-...

High Court

Bombay High Court Quashes Assessment Orders in Income Tax Case Due to Wrongful Invocation of Section 144C — No Variation by TPO Means Assessee Not an 'Eligible Assessee'. The court held that the Assessing Officer lacked jurisdiction to pass a Draft Assessment Order under Section 144C when the Transfer Pricing Officer made no variation, as the assessee did not fall within the definition of 'eligible assessee' under Section 144C(15) of the Income Tax Act, 1961.

9 Sep 2025

The Petitioner, Classic Legends Pvt Ltd, filed a Writ Petition before the Bombay High Court challenging a Draft Assessment Order dated 8 March 2025 an...

High Court

Bombay High Court Quashes Assessment Orders for Violation of Natural Justice in Transfer Pricing Adjustment. Failure to Provide TPO's Draft Order and Opportunity of Hearing Renders Proceedings Void Ab Initio Under Sections 144C and 92CA of Income Tax Act, 1961.

12 Sep 2023

The petitioner, Undercarriage and Tractor Parts Pvt. Ltd., filed its return of income for Assessment Year 2015-2016 on 30 September 2015 declaring a l...

High Court

Bombay High Court Allows Writ Petitions Challenging Transfer Pricing Adjustments in Income Tax Assessments. Petitioner succeeds as TPO's order was passed without proper opportunity of hearing and without considering relevant material.

4 Sep 2023

The Bombay High Court disposed of two writ petitions concerning assessment years 2010-11 and 2009-10, where the petitioner, M/s. CWT India Private Lim...

High Court

Bombay High Court Allows Petitions by Offshore Drilling Companies Challenging Reassessment Notices Under Section 148 of Income Tax Act, 1961 — Notices Quashed for Being Time-Barred and Lacking Proper Sanction. Reassessment notices for AY 2014-15 and 2015-16 were issued beyond the four-year time limit under Section 149 without any allegation of failure to disclose material facts, and the sanction under Section 151 was granted without proper application of mind.

4 Aug 2023

The petitioners, Shelf Drilling Ron Tappmeyer Limited, Shelf Drilling J.T. Angel Limited, and Shelf Drilling Trident XII Limited, are companies incorp...

High Court

Bombay High Court Allows Petitions by Offshore Drilling Companies Challenging Reassessment Notices Under Income Tax Act, 1961 — Section 147 Reassessment Invalid Due to Lack of Jurisdictional Condition Precedent. The court held that reassessment notices were issued without proper application of mind and without valid reasons to believe that income had escaped assessment, and quashed the notices.

4 Aug 2023

The petitioners, Shelf Drilling Ron Tappmeyer Limited, Shelf Drilling J.T. Angel Limited, and Shelf Drilling Trident XII Limited, are companies incorp...

High Court

Bombay High Court Quashes Assessment Order for Violation of Section 144C(11) Time Limit — DRP Directions Issued Beyond Nine-Month Period Invalid. The court held that the Dispute Resolution Panel's directions under Section 144C(5) of the Income Tax Act, 1961 must be issued within nine months from the end of the month in which the draft assessment order is received, and failure renders the assessment order void.

14 Feb 2022

The petitioner, Shell India Markets Private Limited, a company engaged in retailing petroleum products and supplying lubricants, challenged an assessm...

High Court

Bombay High Court Quashes Assessment Order in Transfer Pricing Case for Violation of Natural Justice — Failure to Provide Show-Cause Notice and Opportunity of Hearing Renders Order Invalid. Petitioner's Objections to Draft Assessment Order Not Considered, Violating Section 144C of Income Tax Act, 1961.

28 Jul 2021

The petitioner, SHL (India) Private Limited, an Indian company and part of the SHL Group, United Kingdom, filed a writ petition under Article 226 of t...

High Court

High Court of Bombay at Goa Allows Assessee's Tax Appeal in Income Tax Revision Case — CIT's Revision Under Section 263 Set Aside. The Court held that revisionary jurisdiction cannot be exercised to validate a void assessment order and directing de novo assessment would extend limitation under Section 153.

19 Oct 2020

The case involves two Tax Appeals filed by Gigabyte Technology (India) Private Ltd (the Assessee) against the Commissioner of Income Tax (the Revenue)...

High Court

Bombay High Court Dismisses Revenue Appeal in Income Tax Case Due to Non-Compliance with Section 144C Procedure. Tribunal's Order Upheld as Draft Assessment Order Not Served to Assessee, Violating Mandatory Requirement.

16 Jul 2018

The case involves an appeal by the Principal Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal, Panaji, dated 21 Januar...

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