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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

M/S. Metro Ortem Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeal filed by the assessees is allowed

ITA 3177/DEL/2016[2010-11]Status: DisposedITAT Delhi16 Jul 2025AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareekdcit, Central Circle 5, Vs. M/S. Metro Ortem Limited, New Delhi. 134/4 & 135/5, Near Ajit Arcade, Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) M/S. Metro Ortem Limited, Vs. Dcit, Central Circle 5, 134/4 & 135/5, Near Ajit Arcade, New Delhi. Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Shivam Yadav, Advocate Revenue By : Ms. Monika Singh, Cit Dr Date Of Hearing : 10.07.2025 Date Of Order : 16.07.2025 O R D E R Per S.Rifaur Rahman: 1. These Cross Appeals Are Filed By The Assessee & Revenue Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-24, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 23.03.2016 For Assessment Year 2010-11. 2. First We Take Up Assessee’S Appeal & The Assessee Has Taken The Following Grounds Of Appeal :-

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms. Monika Singh, CIT DR
Section 153ASection 153CSection 153D

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

DCIT, New Delhi vs. M/S Metro Ortem Ltd., New Delhi

In the result, the appeal filed by the assessees is allowed

ITA 2871/DEL/2016[2010-11]Status: DisposedITAT Delhi16 Jul 2025AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareekdcit, Central Circle 5, Vs. M/S. Metro Ortem Limited, New Delhi. 134/4 & 135/5, Near Ajit Arcade, Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) M/S. Metro Ortem Limited, Vs. Dcit, Central Circle 5, 134/4 & 135/5, Near Ajit Arcade, New Delhi. Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Shivam Yadav, Advocate Revenue By : Ms. Monika Singh, Cit Dr Date Of Hearing : 10.07.2025 Date Of Order : 16.07.2025 O R D E R Per S.Rifaur Rahman: 1. These Cross Appeals Are Filed By The Assessee & Revenue Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-24, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 23.03.2016 For Assessment Year 2010-11. 2. First We Take Up Assessee’S Appeal & The Assessee Has Taken The Following Grounds Of Appeal :-

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms. Monika Singh, CIT DR
Section 153ASection 153CSection 153D

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