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2024 (6) TMI 654 - AT - Income TaxValidity of reopening of assessment - defective notice issued u/s 148 - As alleged AO lacked material to form a reasonable belief that income had escaped assessment at the time of issuing the notice u/s 148 - HELD THAT - It is the case of the Department that there was mistake in mentioning the date as 29/03/2017 in the notice issued u/s 148 of the Act therefore by rectifying the said error another notice was issued again on 31st March 2017 replacing the notice that suffered from defect. The said contention of the DR cannot be accepted as even the e-mail sent on 31st March 2017 was having an attachment that of the very same notice dated 29/03/2017 which can be corroborated from the screen shot of the e-mail produced by the assessee along with the synopsis the downloaded attachment of the notice. Department has not produced any such notice issued u/s 148 of the Act dated 31/03/2010 which was claimed to have been issued to the assessee. Thus it can be safely concluded tha t as on the date of issuance of notice u/s 148 dated 29/03/2017 A.O. was not having any information material or evidence in his possession as to form the reason to believe that any income of the assessee for the subject Assessment Year had escaped assessment as the information itself has been received by the A.O. on 30/03/2017 . Thus in our opinion the reassessment proceedings initiated by the A.O. are erroneous. Accordingly the Assessment Order and the order of the Ld. CIT(A) are hereby set aside by deleting the Ground No. 1 of the assessee.
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