Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Bombay HC Declares Assessment Order Invalid for Exceeding Section 144C(13) Deadline

Case Law Details

TaxGuru Citation
2025 taxguru.in 3096
Case Name
Shell India Markets Private Limited Vs Additional. Joint. Deputy. ACIT.ITO (Bombay High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
Advertisement

Shell India Markets Private Limited Vs Additional/Joint/ Deputy/ ACIT/ITO (Bombay High Court)

he Bombay High Court has ruled in favor of Shell India Markets Private Limited in a case against the Additional. Joint. Deputy. ACIT.ITO, declaring an assessment order illegal.

Shell India, a company involved in retailing petroleum products and supplying lubricants, challenged an assessment order dated September 30, 2021, issued under the Income Tax Act of 1961. The company argued that the order was in violation of the Act’s provisions.

The case originated from Shell India’s original income tax return filed on November 30, 2016, for the assessment year 2016-17. The tax authorities selected the case for scrutiny, issuing a notice on September 19, 2017. A draft assessment order, proposing additions of Rs. 375,65,17,639/-, was issued on December 26, 2019, following an order by the Transfer Pricing Officer (TPO) on October 29, 2019.

Shell India filed objections with the Dispute Resolution Panel (DRP) on January 24, 2020, challenging the draft assessment order. The DRP was required to issue directions within nine months, or by September 30, 2020.

However, the Government of India issued a gazette notification on September 29, 2020, enacting The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. This act extended the DRP’s deadline to March 31, 2021. The DRP issued its directions on March 20, 2021.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,901

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.