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2023 (6) TMI 917 - AT - Income TaxReopening of assessment u/s 147 - objections regarding reason to believe raised first time at appellate stage - information available on ITS data that assessee has made cash deposit in bank account with ICICI Bank - HELD THAT:- Agra Tribunal in the case of Sapna Chauhan [2019 (8) TMI 227 - ITAT AGRA] while considering similar objection of revenue that if such objection was not raised before the Assessing Officer and which cannot be taken at the appellate stage, held that question of jurisdiction is not a matter of acquiescence the proprietary of notice under section 148 based upon “reasons recorded” is not dependent upon the objection or no objection of the assessee at the stage of assessment / re-assessment if reasons recorded, independently can withstand the test of judicial scrutiny only such reasons will confer jurisdiction to issue notice and frame assessment in pursuance thereto. If reasons recorded upon being challenged at any stage of proceedings falls to withstand the test of judicial scrutiny, in that eventuality, upon such recorded reasons no valid notice can be issued and any assessment framed consequent thereto even taking shelter of ‘no objection’ from the assessee could save the assessment from being held to be declared void-ab-initio and the objection of Revenue was rejected. Thus the basis of reasons recorded is erroneous and factually wrong and not a valid reason. Thus, all subsequent action initiated thereto is void-ab- initio. Ground of assessee appeal is allowed.
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