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Supreme Court: draft assessment order under section 144C(1) is needed even after remand

Illustration of a court facade with scales of justice, a gavel and a draft document looping back to a final document

The Supreme Court has dismissed a Special Leave Petition against a ruling that, even where a case is remanded, the Assessing Officer must first issue a draft assessment order under section 144C(1) of the Income-tax Act, 1961 before passing the final assessment order. Taxmann reported the ruling on 12 November 2026 ([2026] 192 taxmann.com 108 (SC)).

Who it affects: assessees covered by the section 144C draft-assessment procedure whose cases are sent back to the Assessing Officer for fresh assessment.

What to do: if a remand has led straight to a final order without a draft order, have the order reviewed and consider the remedies available within the applicable time limits.

Source: Taxmann (opens in a new tab)

For general information only; not professional advice. Consult a qualified professional before acting.

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