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2018 (9) TMI 2022 - AT - Income TaxReopening of assessment u/s 147 - AO proceeded to initiate reassessment proceeding on the main premise and allegation and that the assessee has not filed return of income for AY 2007-08 - HELD THAT:- As from the copy of return and in absence of any other adverse material or evidence, we are satisfied that the assessee filed return of income for AY 2007-08 and the AO proceeded to initiate reassessment proceeding on the wrong premise that the assessee had never filed return of income for the relevant period. Respectfully following ratio of the decision of Hon’ble Jurisdictional High Court in the case of Sunrise Education Trust [2018 (2) TMI 1471 - GUJARAT HIGH COURT] we hold that the entire reasoning recorded by the AO for initiation of reassessment proceedings and issuance of notice u/s. 148 of the Act was on the wrong premise that the assessee had never filed the return and in fact, it was filed. Therefore, we are inclined to hold that the initiation of reassessment proceedings u/s. 147 of the Act and notice u/s. 148 of the Act and all subsequent proceedings and orders have been issued, conducted and passed without having valid jurisdiction therefore, the same are bad in law and hence, we quash the same. - Decided in favour of assessee.
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