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2012 (11) TMI 341 - ITAT, AMRITSARReassessment Proceedings – Assessee being in business of onions on commission basis in the notified market area of Market Committee, Amritsar. Order of Secretary, Market Committee, Amritsar, is without mentioning of any number and date of passing of such order. Such order cannot be sustained in the eyes of law and, therefore, the said order has been set aside. Held that:- Since the basis for which the reassessment proceedings were initiated has been set aside, there remains nothing with the Income Tax Department for the issuance of notice u/s 148 of the Act and the matter does not survive and therefore, the order of the AO is bound to collapse since the super structure erected on the foundation of illegal order cannot stand and accordingly the Ld. CIT(A) has rightly deleted the addition of Rs.61,42,981/- no infirmity in the order of CIT(A), who has rightly quashed the assessment made by the AO and has rightly deleted the addition so made - Thus, all the grounds of appeal of the Revenue for the A.Y. 2001-02 are dismissed – in favour of assessee
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