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2023 (9) TMI 438 - HC - Income TaxValidity 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:- AO shall, in the first instance, forward a draft of the proposed order of assessment to the eligible assessee if he proposes to make any variation is prejudicial to the interest of such assessee. Certainly there is a variation in the assessment order different from what was filed in the return of income and since it is by way of an addition made, the variation is prejudicial to the interest of Petitioner. In Andrew Telecommunications Private Limited [2018 (8) TMI 575 - BOMBAY HIGH COURT] also the facts were identical. The Court relying on the judgments in the case of International Air Transport Association [2016 (2) TMI 897 - BOMBAY HIGH COURT] has held that 'the failure to pass a draft assessment order under Section 144C(1) of the Act would result in rendering the final assessment as one without jurisdiction. Decided in favour of assessee.
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