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2018 (5) TMI 1535 - AT - Income TaxValidity of reopening of assessment - pendency of proceedings u/s 153A - Held that:- As per the statutory scheme and provisions of the Act, during the pendency of proceedings u/s 153A of the Act, the AO is not empowered to issue notice u/s 147/148 of the Act. Therefore, we hold that the reassessment proceedings for assessment year 2003-04 suffer from basic defect of the re-assessment notice being illegal and, therefore, the re-assessment proceedings cannot be sustained. Case of Nilofer Hameed vs. ITO [1998 (8) TMI 75 - KERALA HIGH COURT] to be followed. - Decided in favour of assessee
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