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“draft assessment order”

Assessment ProceduresSection 144CSection 144C4,773 judgments

The decision most relied on for draft assessment order is ACIT v. Serajuddin & Co. (454 ITR 312), cited in 580 judgments on BharatTax.

Leading authorities on draft assessment order

ACIT v. Serajuddin & Co.
454 ITR 312 · 2023 · High Court
580
citing judgments

Approval under Section 153D of the Income Tax Act is mandatory for assessment orders in search cases. While elaborate reasons for approval are not required, the approving authority must provide some indication that it has examined the draft orders and found them to meet the requirements of law.

Principal Commissioner of Income-tax v. Subodh Agarwal
149 Taxmann.com 373 · 2023 · High Court
194
citing judgments

Approval of draft assessment orders under Section 153D must be granted with due application of mind, not mechanically. Approving multiple cases, such as 38 in a single day, without proper scrutiny amounts to mechanical approval, rendering the assessment invalid.

Vijay Television (P.) Ltd. v. DRP
369 ITR 113 · 2014 · High Court
140
citing judgments

Passing a final assessment order under Section 143(3) directly, without first issuing a draft assessment order under Section 144C(1) for an eligible assessee, constitutes a fundamental jurisdictional defect. This defect cannot be cured by a subsequent corrigendum, especially if issued beyond the prescribed period of limitation.

ESPN Star Sports Mauritius S.N.C. ET Compagnie v. Union of India
388 ITR 383 · 2016 · High Court
71
citing judgments

Failure to issue a draft assessment order under Section 144C(1) makes the final assessment order illegal and beyond jurisdiction. Non-compliance with Dispute Resolution Panel (DRP) directions renders the final assessment order bad in law.

JCB India Ltd. v. DCIT
398 ITR 189 · 2017 · High Court
49
citing judgments

The requirement to pass a draft assessment order under Section 144C of the Act is mandatory. A final assessment order issued without such a draft order is a nullity, constituting an incurable jurisdictional error that cannot be saved by Section 292B, even in set-aside proceedings following an ITAT remand.

Aggarwal v. NFAC
127 Taxmann.com 637 · High Court
34
citing judgments

Denying a personal hearing when specifically requested, especially after a search and during a pandemic, violates the principles of natural justice. The assessment and appellate proceedings themselves were conducted during the COVID-19 pandemic.

Hire Purchase (P.) Ltd. v. NFAC
128 Taxmann.com 190 · High Court
34
citing judgments

Failure to grant a personal hearing to an assessee when income is likely to be varied based on submitted evidence violates the principles of natural justice and renders the assessment order invalid.

Chandrakant Dharia v. ITO
469 ITR 262 · Reported
34
citing judgments

An adverse assessment order cannot be passed without granting an opportunity of personal hearing to the taxpayer. Where income is to be varied based on evidence, a personal hearing is mandatory.

Judgments citing draft assessment order

ACIT, New Delhi vs. Gudwala & Sons, Delhi

In the result, the cross objections being CO No

ITA 4247/DEL/2025[2016-17]Status: DisposedITAT Delhi17 Nov 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanacit, Vs. Gudwala & Sons, 1165, 3Rd Floor, Kucha Mahajani, New Delhi. Chandni Chowk, Delhi – 110 006. (Pan : Aaifg7585N) Co No.166/Del/2025 (In Ita No.4247/Del/2025) (Assessment Year: 2016-17) Gudwala & Sons, Vs. Acit, 1165, 3Rd Floor, Kucha Mahajani, New Delhi. Chandni Chowk, Delhi – 110 006. (Pan : Ackpn0439N) (Appellant) (Respondent) Assessee By : Shri Sandeep Goel, Advocate Revenue By : Shri Jitender Singh, Cit Dr Date Of Hearing : 17.11.2025 Date Of Order : 17.11.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi – 23 [“Ld. Cit(A)”, For Short] Dated 20.03.2025 For The Assessment Year 2016-17. The Assessee

For Appellant: Shri Sandeep Goel, AdvocateFor Respondent: Shri Jitender Singh, CIT DR
Section 153CSection 153DSection 250Section 292CSection 65B(4)

mind. 16. In the present case, the ITAT, while specifically noting that the approval was granted on the same day when the draft assessment orders were sent, has observed as under:- "10. We have gone through the approval granted by the ld. Addl. CIT on 30.12.2018 u/s 153D ... that a letter dated 30.12.2018 was filed by the ld. AO before the ld. Addl. CIT seeking approval of draft assessment order u/s 153D of the Act. The ld. Addl. CIT has accorded approval for the said draft assessment orders on the very same day i.e., on 30.12.2018 for seven

Rockwell Automation India Private Limited, Delhi vs. DCIT Circle-19(1), Delhi

Appeal is partly allowed for statistical purposes

ITA 3861/DEL/2024[2020-21]Status: DisposedITAT Delhi17 Nov 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalrockwell Automation India Deputy Commissioner Of Private Limited, Income Tax, Circle-19(1), Registered Address: 131, Vs. Delhi. Functional Industrial Are, Patparganj, Delhi-110092 Communication Address: 131, Functional Industrial Area, Patparganj, New Delhi. Pan-Aaccr3791A (Appellant) (Respondent) Assessee By Shri Ajit Jain, Ar Department By Shri Dharm Veer Singh, Cit-Dr Date Of Hearing 19.08.2025 Date Of Pronouncement 17.11.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Final Assessment Order Passed U/S 143(3) R.W.S 144C (13) Read With Section 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) Dated 30.07.2024 For Assessment Year 2020-21. 2. Brief Facts Of The Case Ae That The Assessee Is A Company Engaged In The Business Of Manufacturing / Assembling Of Automation & Industrial Control Products / Systems. The Case Was Selected For Scrutiny & A Reference Was Made To The Tpo Due With Transactions With Ae’S. The Return Of Income Was Filed On Rockwell Automation India Private Limited Vs. Dcit 15.02.2021 Declaring Total Income At Rs.97,08,46,360/-. The Tpo Vide Its Order Dated 28.07.2023 Passed U/S 92Ca(3) Of The Act Has Proposed Adjustments Totaling To Rs. 26,12,44,668/-. Thereafter, The Ao Has Passed The Draft Assessment Order U/S 144C(1) Of The Act Dated 27.09.2023 Wherein The Ao Has Proposed The Additions Towards The Tp Adjustment As Per Tpo’S Order & Proposed To Assess The Total Income Of The Assessee At Rs.19,88,57,458/- & Further Proposed To Disallow Relief Claimed U/S 90/90A At Rs.1,04,60,287/-. Against The Draft Assessment Order, The Assessee Filed Objections Before The Drp.

Section 143(3)Section 144BSection 144C(1)Section 144C(10)Section 144C(13)Section 144C(8)Section 90Section 90ASection 92C

passed u/s 92CA(3) of the Act has proposed adjustments totaling to Rs. 26,12,44,668/-. Thereafter, the AO has passed the draft assessment order u/s 144C(1) of the Act dated 27.09.2023 wherein the AO has proposed the additions towards the TP adjustment as per TPO’s order ... assessee at Rs.19,88,57,458/- and further proposed to disallow relief claimed u/s 90/90A at Rs.1,04,60,287/-. Against the draft assessment order, the assessee filed objections before the DRP. 2.1 Ld. DRP in terms of its order dated 28.06.2024 decided the objections raised by the assessee

DCIT Central Circle- 14, Delhi vs. Anuj Nagpal, New Delhi

In the result, the cross objections being CO No

ITA 1761/DEL/2022[2018-19]Status: DisposedITAT Delhi17 Nov 2025AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmandcit, Central Circle 14, Vs. Anuj Nagpal, B-64, 1St Floor, New Delhi. Greater Kailash Part 1, New Delhi – 110 048. (Pan : Ackpn0439N) Co No.03/Del/2024 (In Ita No.1761/Del/2022) (Assessment Year: 2018-19) Anuj Nagpal, Vs. Dcit, Central Circle 14, B-64, 1St Floor, New Delhi. Greater Kailash Part 1, New Delhi – 110 048. (Pan : Ackpn0439N) (Appellant) (Respondent) Assessee By : Shri Akash Ojha, Advocate Revenue By : Shri Jitender Singh, Cit Dr Date Of Hearing : 17.11.2025 Date Of Order : 17.11.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-31, New Delhi [“Ld. Cit(A)”, For Short] Dated 12.05.2022 For The Assessment Year 2018-19. The Assessee

For Appellant: Shri Akash Ojha, AdvocateFor Respondent: Shri Jitender Singh, CIT DR
Section 153ASection 153D

No.03/Del/2024 16. In the present case, the ITAT, while specifically noting that the approval was granted on the same day when the draft assessment orders were sent, has observed as under:- "10. We have gone through the approval granted by the ld. Addl. CIT on 30.12.2018 u/s 153D ... that a letter dated 30.12.2018 was filed by the ld. AO before the ld. Addl. CIT seeking approval of draft assessment order u/s 153D of the Act. The ld. Addl. CIT has accorded approval for the said draft assessment orders on the very same day i.e., on 30.12.2018 for seven

My Home Industries Private Limited, Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 289/HYD/2024[2018-2019]Status: DisposedITAT Hyderabad14 Nov 2025AY 2018-2019

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.289/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2018-19) My Home Industries Vs. Dy.Cit Private Limited, Hyderabad Circle 5(1) Pan: Aabcm9480C Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Dr. Narendra Kumar Naik, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 28/10/2025 घोषणा की तारीख/Pronouncement: 14/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By My Home Industries Private Limited, (“The Assessee”), Feeling Aggrieved By The Assessment Order Passed By The Learned Commissioner Of Income Tax (Appeals)-10, Hyderabad (“Ld. Cit(A)”) Dated 29.01.2024 For The A.Y 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Advocate A.V. RaghuramFor Respondent: : Dr. Narendra Kumar Naik, CIT (DR)
Section 143(2)Section 143(3)Section 144CSection 14ASection 92C

proposed a total adjustment of Rs.37,12,33,185/-. 3.2 Based on the findings of the Ld. TPO, the Ld. AO passed a draft assessment order under section 144C of the Act on 27.09.2021, proposing an addition of Rs.37,12,33,185/- on account of specified domestic transactions as suggested ... amounting to Rs.37,33,334/-. Accordingly, the Ld. AO proposed a total addition of Rs.37,49,66,519/- in the draft assessment order. The assessee did not file any objection before the Learned Dispute Resolution Panel (“Ld. DRP”) against the draft assessment order Page