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Income Tax - Highlights / Catch Notes

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The ITAT Kolkata ruled on the validity of an assessment order ...


ITAT Kolkata held that no valid notice u/s 148 was issued by jurisdictional AO for reassessment. Reassessment proceedings deemed illegal.

May 24, 2024

Case Laws     Income Tax     AT

The ITAT Kolkata ruled on the validity of an assessment order u/s 147. The jurisdictional AO did not issue a valid notice u/s 148. The assessee argued that the ACIT lacked jurisdiction and a fresh notice should have been issued by the correct authority. Since no such notice was issued, the assessment proceedings were deemed illegal and void ab initio. The ITAT held that without a valid notice u/s 148, the reassessment proceedings were bad in law and quashed them, deleting the additions made. The appeal by the assessee was allowed.

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