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TMI Blog2021 (12) TMI 1496X X X X Extracts X X X X X X X X Extracts X X X X ..... awal, Ms. Sheeja John, Ms. Radhika Nair and Mr. Varun Sonawala i/b M/s. M.P. Savla & Co. for Petitioner. Mr. Suresh Kumar for Respondents. P.C. : 1. Heard learned counsel and what we understood is that the Revenue has in effect, in the affidavit in reply, acknowledged that there was failure on the part of the Assessing Officer to follow the procedure prescribed under Section 144C(1) of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt one being to 30 th September, 2021. The Revenue ought to have appreciated that the requirement under Section 144C(1) to first pass a draft Assessment Order and to provide a copy thereof to the assessee is a mandatory requirement which gave substantive right to the assessee to object to any variation, that is prejudicial to it. In this case, the order under Section 92CA (3) of the IT Act, propos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ror and not merely procedural error or a mere irregularity. The Assessment Order has not been passed in accordance with the provisions of Section 144C of the IT Act. This is not an issue, which involves a mistake in the said order, but it involves the power of the Assessing Officer to pass the order. By not following the procedure laid down in Section 144C(1) to pass and furnish a draft Assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity to cross-examine the concerned witness and which assessee also had a statutory appellate remedy which the assessee had failed to avail of, whereas there is no such right available to Petitioner in this case. In fact, Petitioner has lost a substantive right due to the failure of the Respondents to pass and forward a draft assessment order in the first instance on a variance, prejudicial to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before DRP would be denial of substantive right to the assessee. As held in SHL (India) Private Limited (supra), failure to follow the procedure under Section 144C(1) of the Act would be a jurisdictional error and not merely procedural error or a mere irregularity. Therefore, the Assessing Officer has assumed jurisdiction to straight away pass the final order without following the mandatory proced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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