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Income Tax

Assessment Quashed Due to Violation of Section 144C Draft Order Requirement

Case Law Details

Case Name
AVL Technical Private Limited Vs DCIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09
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AVL Technical Private Limited Vs DCIT (ITAT Delhi) No Draft Order, No Assessment: ITAT Quashes TP Order Passed in Remand Without u/s 144C Compliance Delhi ITAT   allowed the appeal of AVL Technical Centre Pvt Ltd for AY 2008-09 holding that the assessment framed u/s 254/143(3) r.w.s. 144C was void ab initio as no draft assessment order was issued despite a fresh transfer pricing adjustment being proposed in the second round of proceedings. Tribunal held that issuance of a draft order u/s 144C(1) is a mandatory jurisdictional requirement whenever a variation prejudicial to the Assessee is pro...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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