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2017 (1) TMI 1569 - ITAT KOLKATAReopening of assessment - notice against firm dissolved - Held that:- AO has just made a passing remark that the 148 notice has been affixed on 16.04.2009 which does not satisfy the requirement of law, and for failure of proper serving of notice, the usurpation of the jurisdiction itself of the AO is fragile in the eyes of law. Not only on this ground but on another ground also the issuance of notice u/s 148 against the firm M/s B.K. Agencies is illegal because of the simple fact that the firm was dissolved on 01.04.2014 itself. It is a matter of record and paper book page no. 1-6 factually reflects that the partnership firm M/s B.K. Agencies got dissolved on 01.04.2004 because there were only two partners in the firm and Smt. Aparna Phumra one of the partners has retired from the partnership, so, therefore, in the eyes of law the assessee partnership firm stands dissolved. Therefore, the service of notice itself to an assessee who is no more partnership firm and the assessment framed thereafter is null in the eyes of law. So, in the peculiar circumstance of the case, on both these counts aforestated the order impugned is void in the eyes of law. Since the re-opening u/s 147/48 itself stands quashed, the penalty also does not survive and so is also quashed. - Decided in favour of assessee.
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