https://www.taxtmi.com/caselaws?id=414600 Section 144C's draft assessment procedure remained mandatory even after Tribunal remand, because the requirement to forward a draft proposed order applies whenever the Assessing Officer proposes a prejudicial variation to an eligible assessee. The phrase "in the first instance" did not limit that safeguard to the original assessment stage, and omission to issue the draft order was not a curable irregularity. Non-compliance with the mandatory procedure was treated as a violation of natural justice, rendering the assessment void ab initio and leaving no valid foundation for revision under section 263. en-us Mon, 20 Sep 2021 00:00:00 +0530 Fri, 12 Nov 2021 08:52:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=414600 Section 144C's draft assessment procedure remained mandatory even after Tribunal remand, because the requirement to forward a draft proposed order applies whenever the Assessing Officer proposes a prejudicial variation to an eligible assessee. The phrase "in the first instance" did not limit that safeguard to the original assessment stage, and omission to issue the draft order was not a curable irregularity. Non-compliance with the mandatory procedure was treated as a violation of natural justice, rendering the assessment void ab initio and leaving no valid foundation for revision under section 263. Case-Laws Income Tax Mon, 20 Sep 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=414600