The Chennai ITAT held that the AO must pass a draft assessment order to the eligible assessee in case he proposes to make any variation in the income or loss returned which is prejudicial to the interest of such assessee. Section 144C of the Income Tax Act provides that in case of certain eligible assessees, viz., foreign companies and any …
The Delhi High Court has held that the failure of the assessing officer to adhere to the "mandatory requirement" of Section 144C of the Income Tax Act, 1961, will invalidate the final assessment order.Section 144C, inserted in the Act by 2009 amendment, states that Assessing Officer should forward the draft of the proposed assessment order to the eligible assessee if …