Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (8) TMI 1019 - AT - Income TaxRe-opening of assessment u/s. 148 - assessee has raised the contention that no notice u/s.143(2) was issued to the assessee under the reopened assessment proceedings u/s.147 r.w.s. 143(3) - DR submitted that vide Finance Act 2008, w.e.f. 1.4.2008 section 292-BB has been inserted and any right which has been accruing to the assessee for non-service of notice u/s. 143(2) of the Income Tax Act has been taken away with the insertion of section 292BB - Held that:- Since the assessment year involved in this case is 2001-02, hence, the newly inserted provision of section 292BB is not applicable to this year. In view of the said legal position as discussed the assessment proceedings in consequence of reopening u/s.147 were bad in law and cannot be sustained and are accordingly set aside. - Decided in favour of assessee
|