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2022 (6) TMI 1118 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice u/s 274 - Whether draft assessment order accompanied with Notice of Demand, tax Computation sheet and Show Cause Notice for penalty u/s 271 (1) (c) can it be considered as draft assessment order or a final assessment order? - HELD THAT:- Admittedly the draft assessment order passed by the learned assessing officer on 21/12/2016 is accompanied with the notice of demand as well as show cause notice u/s 274 r.w.s. 271 (1) (c) of the even date. Issue that arises is whether draft assessment order accompanied with Notice of Demand, tax Computation sheet and Show Cause Notice for penalty u/s 271 (1) (c) can it be considered as draft assessment order or a final assessment order. If it is a final assessment order then naturally the procedure laid down under the act has not been followed by the ld AO. In such circumstances, the assessment order passed by the AO becomes void ab intio and to be quashed. Appeal of assessee allowed.
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