Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (8) TMI 1260 - MADRAS HIGH COURTValidity of assessment Order passed u/s 144C - Order of NFAC - non transfer pricing issues which are regular corporate issues are concerned, the respondents were required to comply with the requirements of Section 144B(1) (xvi)(b) - HELD THAT:- As the procedure that is contemplated under the provisions of Section 144B(1) has not been complied with. These procedures are intended to safeguard the interest of the Income Tax Assessees so that they are not put to any prejudice. As evident that under Sub clause (xvi) to Sub section (1) to Section 144B as it stood in case any variation prejudicial to the interest of the assessee, National Faceless Assessment Centre is required to serve a notice calling upon the assessee to Show Cause as to why the proposed variation should not be made. As impugned order has been passed over looking as safeguard prescribed under the above provision, the Court is inclined to quash the Impugned Order and remit the case back to the respondents to pass a fresh order within a period of sixty (60) days from the date of receipt of a copy of this order. The petitioner shall be heard in accordance with the procedure prescribed in force. The respondents are directed to enable the portal to facilitate the petitioner to file a reply within a period of thirty (30) days from the date of receipt of a copy of this order.
|