Validity of assessment u/s 144C - Whether the passing of the ...

Draft Assessment Order Mandatory: Tribunal Rules Non-compliance as Jurisdictional Error, Renders Final Order Void.

February 8, 2024

Case Laws Income Tax AT

Validity of assessment u/s 144C - Whether the passing of the draft assessment order as prescribed under section 144C(1) of the Act is mandatory or not? - Waiver/admission/undertaking of the Assessee for not challenging the draft order before the Ld.DRP u/s 144C - The tribunal concluded that failure to follow the prescribed procedure constitutes a jurisdictional error, rendering the final assessment order illegal and void ab initio. - The tribunal further held tha, there can be no estoppel on issues of law or jurisdiction, and waiver or admission by the Assessee does not confer jurisdiction on the Assessing Officer.

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Validity of assessment u/s 144C - Whether the passing of the ...

Draft Assessment Order Mandatory: Tribunal Rules Non-compliance as Jurisdictional Error, Renders Final Order Void.

February 8, 2024

Case Laws Income Tax AT

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