TMI Blog2022 (10) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act was served on the petitioner, thereby depriving the petitioner of its statutory right to file a response as well as place the documents on record in support of its response and to be heard before passing of the final assessment order. We therefore, set aside the assessment order and the consequential notices issued under Section 156 and Section 274 read with Section 270A of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax Act, 1961 ( the Act ). 2. It was stated in the petition that assessment order was passed under Section 143(3) read with Section 144B of the Act, raising a substantial tax and interest demand of Rs.86,62,88,770/-, without serving the petitioner with the mandatory draft assessment order along with show cause notice, as contemplated in Section 144B of the Act, although, the petitioner s d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to the income which is prejudicial to the assessee, was mandated to provide an opportunity to the assessee to show cause as to why the proposed variation should not be made and such a notice should be accompanied with the draft assessment order, proposed to be passed. 6. In the present case, admittedly, no show cause notice, as contemplated under Section 144B(1)(xvi)(b) of the Act was serv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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