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2022 (2) TMI 924 - HC - Income TaxValidity of assessment u/s 144C - Mandation of granting opportunity to file objections to the Draft Assessment Order - HELD THAT:- Section 144C of the Act mandates that an assessment order under Section 143(3) of the Act shall be passed only after the assessee is granted an opportunity to file objections to the Draft Assessment Order. The petitioner has filed its objections to Ext. P1 DAO, within the extended time as per Ext. P2 Circular, which is binding on the respondents. However, the 1st respondent without considering the same, has passed Ext. P3 final assessment order. I find that Ext. P3 is issued in violation of the principles of natural justice and against the provisions of Section 144C and Ext. P2 Circular issued by CBDT. Accordingly, Ext. P3 Final Assessment Order is set aside. During the pendency of this writ petition, the DRP, by Ext. P8 order, considered and rejected Ext. P4 objection to DAO on the ground that it has no jurisdiction to entertain the same since Ext. P3 Final Assessment Order has already been passed. Since Ext. P3 order is set aside, consequently, Ext. P8 also stands set aside. The 5th respondent shall consider Ext. P4 objection afresh in accordance with law, after affording an opportunity of hearing to the petitioner.
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