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2014 (2) TMI 221 - AT - Income TaxValidity of reassessment u/s 143(3) r.w. Section 147 of the Act – Assessment made without issuance of notice – Held that:- In a case of reopening of assessment u/s 147, the A.O. is bound to comply with the requirement of section 143(2) of the income Tax Act - the A.O. was bound by the mandate to issue notice and on failure to issue notice within the period stipulated in the said proviso, the order of reassessment would be without jurisdiction which is liable to be set aside - The decision in Commissioner of Wealth Tax vs. HUF of H.H. Late J.M. Scindia [2008 (2) TMI 53 - BOMBAY HIGH COURT] followed - the reassessment completed by the A.O. u/s 143(3) r.w.s. 147 without issuing notice u/s 143(2) of the Act is void ab initio and the same is liable to be cancelled – Decided against Revenue in favour of Assessee.
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