Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
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Mandatory compliance with section 144C was violated where the Assessing Officer issued a so-called draft assessment order while already determining taxable income and tax payable, issuing a demand notice and initiating penalty proceedings. The Tribunal held that these steps could occur only after a final assessment order, so the document was in substance a final order passed without the required draft procedure. This was a jurisdictional defect, not a mere procedural irregularity, and section 292B could not cure it. The final assessment order, demand notice and penalty notice were therefore quashed, and the assessee's cross objection was allowed.
Mandatory compliance with section 144C was violated where the Assessing Officer issued a so-called draft assessment order while already determining taxable income and tax payable, issuing a demand notice and initiating penalty proceedings. The Tribunal held that these steps could occur only after a final assessment order, so the document was in substance a final order passed without the required draft procedure. This was a jurisdictional defect, not a mere procedural irregularity, and section 292B could not cure it. The final assessment order, demand notice and penalty notice were therefore quashed, and the assessee's cross objection was allowed.
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