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2019 (4) TMI 2079 - ITAT MUMBAIValidity of assessment order passed u/s 144C - as per assessee the conditions prescribed for invoking the said provisions do not exist in the present case - HELD THAT:- In the instant case, the assessee herein is an eligible assessee. However, there is no variation in the income or loss returned, which is prejudicial to the interests of the assessee. Hence the second condition prescribed in sec.144C(1) was not satisfied. Hence the approach of the AO in adopting the procedure prescribed in sec.144C of the Act is not in accordance with the mandate of law. We get support for our view from the decisions rendered by Chennai bench and Pune bench of Tribunal in the cases referred above. Hence the assessment order passed by the AO gets vitiated and the same is liable to be quashed. - Decided in favour of assessee.
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