https://www.taxtmi.com/caselaws?id=310555 The ITAT Mumbai held that an assessment order under section 144C was void when the AO issued a draft assessment order simultaneously with demand notice under section 156 and penalty notice under section 271(1)(c). Following precedents from Vijay Television (Madras HC), Aker Powergas (ITAT Mumbai), and Atlas Copco (ITAT Pune), the tribunal ruled that issuing demand notice at the draft stage brings finality to assessment prematurely, violating mandatory procedural requirements. This constitutes more than a mere procedural irregularity and cannot be cured, rendering the subsequent final assessment order legally unsustainable. The assessee's appeal was allowed. en-us Fri, 03 Feb 2023 00:00:00 +0530 Mon, 30 Oct 2023 20:39:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310555 The ITAT Mumbai held that an assessment order under section 144C was void when the AO issued a draft assessment order simultaneously with demand notice under section 156 and penalty notice under section 271(1)(c). Following precedents from Vijay Television (Madras HC), Aker Powergas (ITAT Mumbai), and Atlas Copco (ITAT Pune), the tribunal ruled that issuing demand notice at the draft stage brings finality to assessment prematurely, violating mandatory procedural requirements. This constitutes more than a mere procedural irregularity and cannot be cured, rendering the subsequent final assessment order legally unsustainable. The assessee's appeal was allowed. Case-Laws Income Tax Fri, 03 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310555