Assessment order passed by AO without quoting DIN – generation of DIN subsequently

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Assessment order passed by AO without quoting DIN – generation of DIN subsequently

ITAT in the case of. Harjeet Singh Versus DCIT, central circle 31, New Delhi, No.- ITA No.3

2031/Del/2022

 As keeping in view observations of Brandix Mauritius Holdings Ltd. [2023 DELHI HIGH COURT] and in terms of paragraph 4 of the circular No. 19/2019 dated 14.08.2019, we hold that the impugned AO order is invalid and shall be deemed to have never been passed. Accordingly, we quash the impugned AO order. Further, the issue that a simultaneous DIN number was generated and communicated have been considered by Co-ordinate Bench of the Tribunal in the case of Abhimanyu Chaturvedi [2023 ITAT DELHI] when considered establish that DIN was not generated prior to uploading the document in ITBA. It is also established that the DIN was not quoted before it was physically signed by the Ld. AO. The generation of DIN subsequently and generation of intimation to be sent to assessee are of no consequence for the purpose of assessment and raising the demand. Appeal filed by the assessee is allowed.

 

The copy of the order is as under:

1700462049-2031-2022-Harjeet Singh

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