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2015 (8) TMI 1347 - AT - Income TaxValidity of reopening of assessment - reasons to believe - Held that:- In the present case before us we find that the Assessing Officer did not bother himself to verify the correctness of the information received by him but merely accepted the truth of the information in a mechanical manner. What sort of enquiry or verification of information received by him from the Investigation Wing of the Department was made by the Assessing Officer prior to issuance of notice u/s 148 and the result of such enquiry has not been made available even on the request of the assessee to the Assessing Officer vide letter dated 08.03.2013. We thus find substance in the contention of the assessee that in absence of any reference to any corroborative material in the possession of the Assessing Officer leading him to believe that the information received was based on some relevant material and the income has escaped assessment, the Assessing Officer had issued notice u/s 148 in a mechanical manner on the basis of vague information from the investigation wing of the department. The assessee thus succeeds on this contention as well to arrive at a conclusion that notice issued u/s 148 was not valid. - Decided in favour of assessee Notice against non existent company - reopening - Held that:- Notice issued under sec. 148 of the Income-tax Act, 1961 on a non-existent assessee was invalid and the assessment made in furtherance thereto inconsequence was invalid and void. The assessment in absence of issuance of mandatory notice under sec. 143(2) of the Act was also void ab-initio - Decided in favour of assessee
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