https://www.taxtmi.com/caselaws?id=767480 The ITAT Mumbai held that a final assessment order u/s 143(3) passed without issuing the mandatory draft assessment order u/s 144C is invalid and liable to be quashed. The assessee, being a foreign company qualifying as an "eligible assessee" under section 144C(15)(ii), had a statutory right to receive a draft assessment order before the final order. The Revenue did not dispute these facts. The ITAT ruled that failure to issue the draft assessment order constitutes an incurable defect, as it violates the assessee's statutory right to raise grievances before final assessment and appellate proceedings. en-us Tue, 18 Feb 2025 00:00:00 +0530 Wed, 19 Mar 2025 06:45:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=767480 The ITAT Mumbai held that a final assessment order u/s 143(3) passed without issuing the mandatory draft assessment order u/s 144C is invalid and liable to be quashed. The assessee, being a foreign company qualifying as an "eligible assessee" under section 144C(15)(ii), had a statutory right to receive a draft assessment order before the final order. The Revenue did not dispute these facts. The ITAT ruled that failure to issue the draft assessment order constitutes an incurable defect, as it violates the assessee's statutory right to raise grievances before final assessment and appellate proceedings. Case-Laws Income Tax Tue, 18 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=767480