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2017 (2) TMI 73 - ALLAHABAD HIGH COURT

2017 (2) TMI 73 - ALLAHABAD HIGH COURT - TMI - Validity of assessment u/s 144 without issuing notice - best judgment assessment - Held that:- Revenue accepted findings of CIT(A) with regard to requirement of notice and did not challenge that. Once requirement of notice was held mandatory and this was surrendered by Revenue by not challenging the same before Tribunal, assessment made without giving notice under Section 142(1) of Act, 1961, was patently illegal. It could not have been assailed by .....

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ned counsel for appellant and Sri Manish Misra, Advocate for respondent. 2. This appeal under Section 260A of Income Tax Act, 1961 (hereinafter referred to as the "Act, 1961") has arisen from judgment and order dated 16.12.2014 passed by Income Tax Appellate Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as the "Tribunal") in ITA No. 59/L/2012 relating to Assessment Year 2004-05. 3. The appeal was admitted on following two substantial questions of law: "(I) Wh .....

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are unreliable and deserve to be rejected particularly when the Statutory as well as the Special Auditor have issued unqualified Audit Reports upon the financials of the Appellant and the Tribunal committed perversity in recording its findings, while relying on the report of the Special Auditor in a piecemeal manner?" 4. A best judgment assessment was made in respect whereto Assessee in preferred appeal before Commissioner of Income Tax (Appeals) [hereinafter referred to as the "CIT(A .....

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as mandatory and since no such notice was issued either before initiating proceedings under Section 144 or otherwise, hence the best judgment assessment made by Assessing Officer was bad and the ground was answered in favour of Assessee. Then Assessee also took another ground with regard to audit report obtained by Assessing Officer under Section 142(2A) and submitted that under proviso thereto an opportunity should have been given to him before asking for audit of his accounts. CIT(A) held that .....

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