Bombay HC says Failure to Issue Draft Assessment Order Is a Jurisdictional Error

The Bombay High Court quashed a final assessment order passed under Section 143(3) read with Section 144B without first serving a draft assessment order under Section 144C. The Court held that the omission deprived the eligible assessee of its statutory right to approach the Dispute Resolution Panel and was a jurisdictional error, not a curable procedural lapse. The Court declined to remand the matter, while leaving open whether the Assessing Officer could lawfully initiate the process afresh.