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Assessment Quashed Due to Violation of Section 144C Draft Order Requirement
Case Law Details
- Case Name
- AVL Technical Private Limited Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- All ITAT, ITAT Delhi
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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...




