The assessment order was passed without passing the draft assessment order. The asseee filed writ petition to quash the order which was passed without passing the draft assessment order. Allowing the petition the Court held that, Section 144C (1) of the Act mandates that the draft assessment order was necessary before the Assessing Officer can proceed to pass the final assessment order. Even in partial remand proceedings from the Tribunal, it is averred the Assessing Officer is obliged to pass the draft assessment order under Section 144C(1) of the Act. Accordingly the order was quashed and set aside. (WP No. 451 of 2022, dt. 18.04.22) (AY. 2006-2007)
ExxonMobil Company Private Limited v. DCIT (Bom.)(HC) (UR)
S. 144C : Reference to dispute resolution panel-Remand proceedings-Draft assessment order has not been issued before the final assessment order is passed-The order set aside. [S. 92CA, 254(1), Art. 226]