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2005 (3) TMI 53 - HC - Income TaxReassessment notice - Case of the assessee is that since the notice of reassessment under section 148 was issued to the assessee in the status of an individual and hence, any assessment made in the capacity of Hindu undivided family i.e., the impugned assessment is bad in law, without jurisdiction and non est in law. It is contended that when the notice is issued in the name of individual, no assessment can be made in the case of Hindu undivided family it being an altogether different entity in the eye of law as against an individual - It is thus contended that this argument was rightly accepted by the Tribunal in favour of the assessee for annulling the assessment – it cannot be said that the assessment made is without jurisdiction. It was a clear case of mistake which was rectified to the full knowledge of the assessee to which they themselves replied and submitted to the jurisdiction of the Assessing Officer pursuant to proper notice issued under section 148 – contention of assessee not acceptable – case is decided in favour of revenue
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