Hasmukh Dipchand Gardi, Mumbai vs. Assistant Commissioner of Income Tax, Central Circle-5(2), Mumbai
ITA 1309/MUM/2024[2015-16]Status: DisposedITAT Mumbai29 Nov 2024AY 2015-16
Bench: Shri Sandeep Gosain & Shri Prabhash Shankar
For Appellant: Smt. Aarti Vissanji, ARFor Respondent: Sri Biswanath Das, CIT(DR)
Section 132Section 144CSection 153ASection 35A
…nt orders are void, bad-in-law, non-est, one without jurisdiction, non- curable and a nullity/void and hence the said final assessment orders ought to be annulled/cancelled. The Hon'ble Madras High Court in the case of GE Oil and Gas India Private Lid vs ACIT 436 ITR 168 (Madras) in Para 4, the Hon' HC has made it clear that, "The scheme of assessment in terms of Section 144C statutorily requires the officer to pass a draft assessment order at the first instance and put the same to the assessee for its acceptance or for filing of objections before the Dispute Resolution Panel. The language of Section 144C makes t…