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The assessee has challenged the validity and correctness of the assessment order dated 31.10.2019 framed u/s 143(3) r.w.s 144C of the [hereinafter referred to as 'the Act' for short].

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Sec. 144C of the Income Tax Act, 1961— Draft assessment order — Failure to pass a draft assessment order under Section 144C is a curable defect and that the Court should now delegate the parties to a stage as it was when the TPO issued a fresh order after the remand by the ITAT- The failure by the AO to adhere to the mandatory requirement of Section 144C (1) and first pass a draft assessment order would result in invalidation of the final assessment order and the consequent demand notices and penalty proceedings - PERFETTI VAN MELLE (INDIA) PVT. LTD. V/s ASSTT. CIT - [2020] 28 ITCD Online 046 (ITAT-DELHI)