TP: Passing of final order without giving a Draft Assessment Order is bad in law

Shell India Market Pvt. Ltd. Vs Additional/Joint/ Deputy/Assistant Commissioner of Income Tax/ Income Tax Officer and Ors. (Bombay High Court) The requirement under Section 144C(1) of the Act to first pass the draft assessment order and to provide a copy thereof to the assesee is mandatory requirement that gave substantive right to the assessee to object to any variation, that is prejudicial to the assessee. Depriving petitioner of this valuable right to raise objection before DRP would be denial of substantive right to the assessee. As held in SHL (India) Private Limited (supra), failure to f...