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Income Tax - Highlights / Catch Notes

Home Highlights May 2021 Year 2021 This

Reopening of assessment u/s 147 - For section 292BB to apply, ...


High Court and Tribunal confirm reopening assessments need notice issuance by Department u/s 147; Section 292BB applies.

May 1, 2021

Case Laws     Income Tax     AT

Reopening of assessment u/s 147 - For section 292BB to apply, the notice must have emanated from the Department. It is only the infirmities in the manner of service of notice that section seeks to cure. The section is not intended to cure complete absence of notice itself. Since the facts on record are clear that no notice under section 143(2) of the Act was however issued by Department, the finding rendered by the High Court and the Tribunal and the conclusion arrived at were correct. - AT

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