Brief Alert: Assessment order U/s. 144C(1) incurably defective and illegal if it doesn’t comply

The Income tax Act, 1961 ('the Act’) 1 provides for a special and speedier assessment process for a class of assessees termed as 'eligible assessee The section provides that in the first instance the Assessing Officer (' shall issue a draft of the proposed order of assessment (colloquially referred to as 'draft order') to the eligible assessee There has been a rise in the number of cases in the recent pastwherein the AOs have passed a final order straight away without first issuing a draft order Courts have generally not hesitated from quashing such orders Similar argument has recently been raised in the context of faceless assessments.

V2 Brief Alert - 144C Revised DS.pdf

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