TMI Blog2021 (9) TMI 1236X X X X Extracts X X X X X X X X Extracts X X X X ..... er under Section 144C(1) of the Act has been passed five days prior to the last date for filing of the reply/objections to the Show Cause notice by the petitioner. Consequently, the draft assessment order dated 29th August, 2021 passed by respondent u/s 144C(1) of the Act is hereby quashed - This Court directs that the Petitioner shall file its reply/objections to the Show Cause Notice dated 27th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenging the impugned draft assessment order dated 29th August 2021 passed by the Respondents under Section 144C(1) of the Income Tax Act, 1961 [hereinafter referred to as the Act ] as well as the show cause notice dated 27th August 2021. 2. Learned counsel for the Petitioner states that the impugned draft assessment order and show cause notice are non est since the mandatory provision, na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut waiting for the expiry of the time period to file a reply to the show cause notice, passed the impugned draft assessment order under Section 144C of the Act on 29th August 2021 i.e. five days prior to the due date of filing the reply and has proposed to make disallowances to the tune of ₹ 50,49,53,945 in aggregate. 4. Issue notice. Mr.Sanjay Kumar, Advocate accepts notice on behalf of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aft assessment order dated 29th August, 2021 passed by respondent under Section 144C(1) of the Act is hereby quashed. Further, this Court directs that the Petitioner shall file its reply/objections to the Show Cause Notice dated 27th August, 2021 on or before 24th September, 2021 and the Assessing Officer shall pass a fresh draft assessment order in terms of Section 144C(1) of the Act on or before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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