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The HC held that the petitioner was not an "eligible assessee"...
Petitioner not an eligible assessee under s.144C(15)(b); draft and final assessments under s.144C(1)/s.143(3)/s.144B quashed and penalty show-cause notices set aside
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The HC held that the petitioner was not an "eligible assessee" under s.144C(15)(b) of the I.T. Act, and therefore the Assessing Officer lacked jurisdiction to issue a draft assessment under s.144C(1). Consequently, the subsequent final assessment purportedly passed under s.143(3) read with s.144C(3) and s.144B, together with the demand notice and show-cause notices seeking penalty, were without jurisdiction and are quashed and set aside. The draft assessment dated 8 March 2025, the final assessment and demand notices dated 7 April 2025, and the penalty show-cause notices dated 7 April 2025 are annulled. Rule made absolute and the writ petition is disposed of accordingly.
The HC held that the petitioner was not an "eligible assessee" under s.144C(15)(b) of the I.T. Act, and therefore the Assessing Officer lacked jurisdiction to issue a draft assessment under s.144C(1). Consequently, the subsequent final assessment purportedly passed under s.143(3) read with s.144C(3) and s.144B, together with the demand notice and show-cause notices seeking penalty, were without jurisdiction and are quashed and set aside. The draft assessment dated 8 March 2025, the final assessment and demand notices dated 7 April 2025, and the penalty show-cause notices dated 7 April 2025 are annulled. Rule made absolute and the writ petition is disposed of accordingly.
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