https://www.taxtmi.com/caselaws?id=449240 ITAT Mumbai held that passing a draft assessment order under section 144C(1) is mandatory before final assessment under section 92CA(4). The AO directly passed final assessment order without draft order, constituting jurisdictional error making the order void ab-initio. Even though assessee waived right to challenge draft order before DRP, estoppel cannot apply to jurisdictional issues. Waiver cannot confer jurisdiction that doesn't exist or bypass statutory procedure. The final assessment order was quashed as it violated mandatory provisions of section 144C(1). en-us Wed, 31 Jan 2024 00:00:00 +0530 Thu, 08 Feb 2024 08:12:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449240 ITAT Mumbai held that passing a draft assessment order under section 144C(1) is mandatory before final assessment under section 92CA(4). The AO directly passed final assessment order without draft order, constituting jurisdictional error making the order void ab-initio. Even though assessee waived right to challenge draft order before DRP, estoppel cannot apply to jurisdictional issues. Waiver cannot confer jurisdiction that doesn't exist or bypass statutory procedure. The final assessment order was quashed as it violated mandatory provisions of section 144C(1). Case-Laws Income Tax Wed, 31 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449240