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2017 (1) TMI 813 - AT - Income TaxValidity of reopening of assessment - Held that:- The position of law is settled proposition that when the reassessment proceedings are pending based on a valid 148 notice, the subsequent proceedings under section 148 cannot be initiated unless earlier proceedings are brought to a logical end. In the present appeal, it is an undisputed fact that the first notice dated 27.07.1995 issued under the same section remains un-disposed of. It is also an undisputed fact that the second notice under section 148 was issued on the ground that income had escaped assessment because of the invalid/non-est return filed by the assessee. The Assessing Officer in the remand report has confirmed all the dates as mentioned of the order of CIT(A) and also confirmed that no assessment was made pursuance to first notice u/s.148 dated 27.07.1995. Thus we are inclined to quash the second notice under section 148 dated 10/03/1998 as invalid. The assessment order dated 27.03.2000 passed in pursuance such notice is thus annulled. - Decided in favour of assessee
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