TMI Blog2021 (11) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... that provisions of Section 144B are mandatory. Under Section 144B(1)(xvi)(b), if there is going to be a variation prejudicial to the assessee, a draft assessment order has to be issued. Admittedly it has not been issued. It has also been held by this court that non compliance with the procedure laid down under Section 144B of the Act would make the assessment order non est in view of the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income Tax Act, 1961 (the said Act). 2 In the affidavit in reply filed by one Jayshree Thakur affirmed on 2 nd August 2021, respondents admit that no draft assessment order has been issued but according to respondents the assessment unit has reported that since the Risk Unit did not indicate that a show cause notice or draft order be issued, the assessment was finalized and sent to petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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