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2022 (4) TMI 1556 - BOMBAY HIGH COURTValidity of order u/s 92CA(3) making upward adjustment - Reference to dispute resolution panel u/s 144C - failure to pass a draft assessment order u/s 144C(1) - HELD THAT:- Since Respondent No.1 was to give effect to the order passed by the TPO, as noted earlier, a draft of the proposed order ought to have been served upon petitioner before the final impugned order was passed. In this case there is no dispute that the provisions of Section 144C of the Act read with Section 92CA of the Act was applicable and Section 144C (1) of the Act mandates that the draft assessment order was necessary before the Assessing Officer can proceed to pass the final assessment order. Even in partial remand proceedings from the Tribunal, it is averred the Assessing Officer is obliged to pass the draft assessment order under Section 144C(1) of the Act and passing draft assessment order is without jurisdiction. As noted earlier, no reply has been filed, though respondent had enough time, denying these averments. Having perused the petition and also the impugned order, it does appear that no draft assessment order has been issued. In the circumstances, the impugned order is quashed and set aside.
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