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2019 (5) TMI 177 - AT - Income TaxValidity of reopening of assessment u/s 147 - wrong facts in reasons recorded - absence of proper service of notice u/s 148 - Assessment of capital gains in the hands of assessee assuming the land in question as capital asset and deduction u/s. 54F - HELD THAT:- As in the case of one of co-owners of the same land which was sold, namely, Smt. Savita D/o Late Mool Chand reasons and the notice u/s 148 of the Act are ante dated or at the lease that they are not properly recorded. In this set of facts and circumstances, it is difficult to say that there was proper issuance or service of notice u/s 148 and no reliance could be made on the reasons recorded in this matter. We, therefore, hold that there is no proper issuance and service of notice u/s 148 in this matter and consequently, the assessment order is liable to be quashed. Appeal of the assessee is allowed accordingly
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