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2023 (3) TMI 503 - ITAT HYDERABADValidity of final assessment order passed u/s 144C - failure to pass a draft assessment order u/s. 144C(1) - HELD THAT:- As in terms of section 144C(1), the Assessing Officer has no right to pass an assessment order pursuant to the order passed by the TPO. AO was mandatorily required to first pass a draft assessment order and communicate to the assessee, it is only after receipt of the draft assessment order the assessee has to accept the variations proposed by the Assessing Officer, it is only in case where the assessee opts to file appeal before the learned CIT (Appeals), the Assessing Officer can pass the final assessment order. In the present case, the Assessing Officer had passed the final assessment order straightaway which is in clear violation of provisions of section 144C of the Act. It is now settled position of law that non-adherence to the provisions of section 144C would result in quashing the assessment proceedings. See M/S SHYAM COLD STORAGE, [2013 (2) TMI 621 - ALLAHABAD HIGH COURT], SRI DURGA ENTERPRISES [2014 (2) TMI 1297 - KARNATAKA HIGH COURT],JCB INDIA LTD. [2017 (9) TMI 673 - DELHI HIGH COURT] and TURNER INTERNATIONAL INDIA PVT. [2017 (5) TMI 991 - DELHI HIGH COURT] and VIJAY TELEVISION PRIVATE LTD. [2018 (10) TMI 1125 - MADRAS HIGH COURT] . Thus we hold that the assessment order is in the nature of final assessment order passed without adhering to the provisions of section 144C of the Act, is null and void and assessment is hereby quashed. - Decided in favour of assessee.
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