https://www.taxtmi.com/caselaws?id=762915 The ITAT Mumbai quashed assessment orders passed under sections 153A/143(3) for non-compliance with mandatory provisions of section 144C. The AO failed to issue draft assessment orders before passing final assessment orders for eligible assessees, including non-residents and foreign companies. Following the Finance Act 2020 amendment effective from April 1, 2020, all non-residents became eligible assessees requiring adherence to section 144C procedures when variations prejudicial to assessee interests are proposed. The tribunal relied on Delhi HC's decision in Principal Commissioner of Income Tax vs Sumitomo Corporation India, which similarly quashed final assessment orders passed without draft orders. The appeal was allowed. en-us Fri, 29 Nov 2024 00:00:00 +0530 Mon, 09 Dec 2024 15:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=762915 The ITAT Mumbai quashed assessment orders passed under sections 153A/143(3) for non-compliance with mandatory provisions of section 144C. The AO failed to issue draft assessment orders before passing final assessment orders for eligible assessees, including non-residents and foreign companies. Following the Finance Act 2020 amendment effective from April 1, 2020, all non-residents became eligible assessees requiring adherence to section 144C procedures when variations prejudicial to assessee interests are proposed. The tribunal relied on Delhi HC's decision in Principal Commissioner of Income Tax vs Sumitomo Corporation India, which similarly quashed final assessment orders passed without draft orders. The appeal was allowed. Case-Laws Income Tax Fri, 29 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=762915