CIT cannot invoke revisionary jurisdiction against draft assessment order

M/s. Apollo Tyres Limited Vs Addl. CIT (ITAT Cochin)

A draft order, as such, is not appealable, except to be challenged by the assessee before the DRP, which exercises the power, inter alia, to make enhancement. The very rationale in the giving the power of enhancement to the DRP is to correct the draft order to the extent it is prejudicial to the interest of the Once this power is given to the DRP and the draft order cannot be characterized as an order, there cannot be any question of the CIT exercising a parallel power u/s 263 to revise such a draft order.

F

Please become a Premium member. If you are already a Premium member, login here to access the full content.