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Income Tax - Highlights / Catch Notes

Home Highlights November 2020 Year 2020 This

Non-issue of legally valid notice u/s. 143(2) - Whether it is a ...


Notice Issued Without Jurisdiction u/s 143(2) Renders Order Null; Section 124(3) Offers No Justification.

November 18, 2020

Case Laws     Income Tax     AT

Non-issue of legally valid notice u/s. 143(2) - Whether it is a curable defect? - Section 124(3) of the Act does not in any way help the Department to justify the action of AO at Shillong in issuing notice under Section 143(2) to the assessee, which is an action done by him without jurisdiction. - Since in the present case no valid notice u/s 143(2) was issued by the AO who held jurisdiction over the case of the appellant, the consequent order passed u/s 143(3) dated 24.03.2014 was legally unsustainable and therefore is null in the eyes of law and therefore quashed. - AT

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