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2019 (5) TMI 21 - AT - Income TaxReopening of assessment - Validity of notice issued u/s. 148 - wrong facts in reasons - No proper issuance or service of notice - assessment of capital gains in the hands of assessee assuming the land in question as capital asset - Challenge is also made with respect to deduction u/s. 54F - HELD THAT:- Co-ordinate Bench in the case of one of co-owners of the same land which was sold, namely, Smt. Savita D/o Late Mool Chand held that there is a reference to the substantive assessment that was in the hands of Mool Chand, HUF and it is only consequent thereto the protective assessment was said to be made in the hands of the assessee. When the fact does not admit of any doubt that the substantive assessment in the hands of Mool Chand, HUF on 28.3.13, it would not have been possible for the AO to record the reasons in this case on 26.3.13. It suggests that the reasons and the notice u/s 148 of the Act are ante dated or at the lease that they are not properly recorded. No proper issuance or service of notice u/s 148 of the Act and no reliance could be made on the reasons recorded in this matter. We, therefore, hold that there is no proper issuance and service of notice u/s 148 in this matter and consequently, the assessment order is liable to be quashed. - Decided in favour of assessee.
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