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

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 requirementPlease become a Premium member. If you are already a Premium member, login here to access the full content.