2026 (7) TMI 804

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....essee : Shri Praveen Goyal, CA For the Revenue : Shri Rituparna Namdeo. CIT-DR ORDER PER PARTHA SARATHI CHAUDHURY, JM: The present appeal preferred by the Revenue emanates from the order of the Ld.ADDL/JCIT(A), Varanasi dated 20.03.2026 for the assessment year 2016-17 as per the grounds of appeal on record. 2. The relevant facts in this case are that the assessee is a Private Limite....

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.... the A.O failed to issue a Draft Assessment Order as mandatorily required u/s. 144C(1) of the Act, thereby, bypassing the statutory mechanism available to an "eligible assessee". That on this backdrop, the Ld. Addl/JCIT(A) has held and observed as follows: "8. Judicial Findings and Reasoning I have carefully considered the submissions and scanned the relevant statutory provisions....

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.... It is a fundamental jurisdictional lapse that vitiates the entire assessment proceeding. As the AO acted in clear defiance of the mandatory statutory procedure, the resulting order is coram non judice and must be quashed." "9. Conclusion The assessment order dated 24.12.2019 is found to be suffering from fatal legal infirmities. Since the very foundation of the assessment is fou....