Section 153(2A) — the law in short
What the courts have decided on section 153(2A), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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JCB India Ltd v DCIT
High CourtHelps taxpayerValidity unconfirmed
The Tribunal remanded my transfer pricing issue. The Assessing Officer has now passed a final assessment order straight off the TPO's fresh order, without any draft order. Is that good?
No. Section 144C(1) requires a draft assessment order after receipt of the TPO's report, and there is nothing in its language confining that requirement to the first round; it applies equally where the TPO has acted on a remand by the Tribunal. The Delhi High Court held the resulting final assessment orders were without jurisdiction, that the defect was an incurable illegality and not a mere irregularity which s.292B could cure, and that the correct course was not to send the parties back to the draft order stage but to quash.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.