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2017 (12) TMI 1331 - AT - Income TaxValidity of reopening of assessment - non issue of notice - Held that:- In reassessment proceedings u/s 147/148 of the Act, to issue notice u/s 143(2) of the Act prior to finalisation of reassessment order cannot be condoned on the strength of Sec. 292BB of the Act Assessing Officer had failed to issue notice u/s 143(2) of the Act before finalising the reassessment proceedings, the impugned assessment is illegal and unsustainable and is hereby directed to be quashed. Since we have held the assessment order itself to be illegal and unsustainable, the other Grounds raised by the assessee in the Memo of appeal reproduced above, are rendered academic and are not being adjudicated for the present.- Decided in favour of assessee.
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