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2012 (5) TMI 71 - HC - Income TaxReassessment - Whether serving a fresh notice is necessary for the purpose of making an assessment on the body of individuals where an assessment was reopened in the status of association of persons - that initially an assessment was completed on 28.02.1975 in respect of the assessee in the status of AOP comprising 18 persons in the name of 'Gutta Anjaneyulu & Co - The matter was then again reopened by the ITO by issuing a notice under Section 148 of the Act after obtaining the approval of the CBDT - Full Bench of this Court in PANNABAI v. COMMISSIONER OF INCOME-TAX (1985 -TMI - 27526 - ANDHRA PRADESH High Court) - Held that: it is quire clear, after applying the law laid down by the Full Bench that for modifying the status of the AOP consisting of 3 persons to a BOI consisting of 2 persons, that the CIT could not have acted on his own - there is no doubt that the order passed by the CIT which was upheld by the Tribunal whereby the status of the assessee was "merely" modified from AOP to BOI is not sustainable This notice can be issued only after obtaining the approval of the CBDT since more than 35 years have gone by from the date of the original assessment made on 28.02.1975 - Decided in favor of the assessee by way of remand to AO
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