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2022 (10) TMI 1099 - AT - Income TaxValidity of reopening of assessment u/s 147 - mandation of application of mind by AO - HELD THAT:- AO has initiated reassessment proceedings and issued notice u/s 148 without application of mind to the facts and circumstances of the case in a hasty manner which vitiates the proceedings. The similar issue was placed before the ITAT Delhi, SMC Bench in the case of Ajendra Pal Singh [2022 (6) TMI 1322 - ITAT DELHI] Reassessment proceedings u/s 147 of the Act and notice u/s 148 of the Act has been issued without application of mind by the AO on the basis of incomplete information without any verification of the facts and without complying with the mandatory requirement of section 147 and 148 of the Act. Consequently, the impugned reassessment order passed u/s 147 r.w.s 143(3) of the Act is not sustainable being bad in law and, thus, the same is quashed. Accordingly, the legal grounds of the assessee are allowed.
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