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2019 (12) TMI 365 - AT - Income TaxReopening of assessment u/s 147 - non-issuance of notice u/s 143(2) - HELD THAT:- At this stage submitted that the section 292BB comes into play here wherein the AO’s notice is deemed valid in certain circumstances when an assessee participates in the corresponding proceedings without raising any objection. We quote hon’ble apex court’s yet another decision in CIT vs. Laxman Das Khandelwal [2019 (8) TMI 660 - SUPREME COURT] holds that this statutory provision does not correct the Assessing Officer’s inaction in not issuing section 143(2) notice during the course of assessment. We therefore adopt the foregoing coordinate bench’s detailed reasoning mutatis mutandis to quash the impugned reassessment dated 23.11.2010. That being the case, rectification proceedings are taken recourse by the Assessing Officer u/s 154 of the Act forming subject matter of the latter appeal have no legs to stand. The same are also quashed.
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