1. M/s Vijay Corporation Vs. The Income Tax Officer, ITA NO. 1511/MUM/2010, Date of pronouncement: 20/01/2012, ITAT-MUMBAI
Section 143(3) assessment order without AO’s signature is Void
Provisions of Section 143 (3) of the Act contemplate that the AO shall pass an order of assessment in writing. Therefore requirement of signature of the AO is a legal requirement. The omission to sign the order of assessment cannot be explained by relying on the provisions of Sec.292B of the Act. If the notice of demand signed by the office of the AO without the existence of a duly signed order of assessment by the AO then this amounts to delegation of power of the AO u/s 143(3) of the Act, which is not the intent and purpose of the Act. An unsigned order of assessment cannot be said to be in substance and effect in conformity with or according to the intent and purpose of the Act. We therefore hold that the order of assessment is invalid. The appeal of the Assessee is accepted on this ground.
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2. SEPCO III Electric Power Construction Vs. Mr. Vivek Kumar Upadhyay, ADIT(IT), A.A.R. No. 1008 of 2010, Date of Judgment: 31/01/2012, AAR (INCOME TAX) - NEW DELHI
Issue:
Whether the amounts received/receivable by SEPCO III, China from JPL India for Offshore supply of Equipments, under Offshore Supply contract are liable to tax in India under the provisions of the Income-tax Act, 1961 (‘Act’)?
Held:
The amounts received/receivable by the applicant from M/s Jhajjar Power Ltd. for off-shore supply of equipments in terms of the contract dated 1.6.2009 is not liable to tax in India under the provisions of the Income-tax Act, 1961, in view of the decision of the Supreme Court in Ishika Wajima Harima Heavy Industries Ltd [2007] 228ITR408.
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