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2011 (3) TMI 690 - HC - Wealth-taxRe-assessment u/s 34 (l) (a) - whether a notice of reopening of the assessment is valid when the notice has not been given to the real assessee or an assessee who was not in existence at the time of issue - While, the authorities below totally overlooked the fact that initiation of the proceedings for reassessment was vitiated for not giving notice under Section 17 of the Wealth Tax Act to the Appellant and the notice issued upon M/s. Abhudey Properties Pvt. Ltd. which was not in existence at that time was insufficient to initiate proceedings against the Appellant who had taken over the liability of M/s. Abhudey Properties Pvt. earlier to the issue of such notice and such fact was also made known to the Revenue - Thus, set aside the reassessment proceedings on that ground alone - In view of our aforesaid finding, there is no necessity of going into the other grounds of appeal on merit.
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