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2018 (5) TMI 942 - AT - Income TaxDraft assessment order imposing Penalty u/s 271(1)(c) - notice of demand u/s.156 as well as issue of notice u/s.274 r.w.s. 271(1)(c) of the Act at the stage of making draft assessment order as per the provisions of section 144C(1) - Held that:- Normally, such notices are issued at the end of the assessment proceedings and at the time of making assessment order. The fact that demand is raised is evident on the fact of draft assessment order which bears the entry of the demand in the register of Demand Collection and Balance (DCR 02/45, dated 20-2-13). The notice u/s.274 of the Act is found issued for furnishing of inaccurate particulars of income. On law, it is settled legal proposition at the level of High Courts that the assessment orders based on such draft assessment orders not following the mandatory provisions of section 144C of the Act is without jurisdiction and therefore, null and void and not enforceable in law - Decided in favour of assessee.
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