Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2021 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (12) TMI 142 - HC - Income TaxReopening of assessment u/s 147 - No notice served on assessee - HELD THAT:- Notice of re-opening of the assessment was never served on the assessee or its authorised representative - We do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of notice had to be factually ignored. Tribunal has however correctly observed in Chetan Gupta [2015 (9) TMI 756 - DELHI HIGH COURT] that Section 292BB of the Act cannot be given a retrospective effect. Admittedly, the said provision was inserted in the Income Tax Act in 2008. Revenue appeal dismissed.
|