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Income Tax - Highlights / Catch Notes

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Validity of Reopening of assessment u/s 147 - Non-existing ...


Court Upholds Reassessment u/s 147 Against Non-Existing Company; Suggests Appeals for Further Remedies.

July 30, 2021

Case Laws     Income Tax     HC

Validity of Reopening of assessment u/s 147 - Non-existing company - This Court is of the considered opinion that, in the present case, the proceedings were continued and the assessment order has already been passed and subsequently, the Writ Petitions are filled, challenging the draft assessment order as well as the final assessment order. In view of the fact that the mistake crept in at the initial stage was identified by the department and subsequently corrected and the proceedings thereafter were continued in the name of the petitioner, there is no reason to interfere with the process of reassessment already completed and it is for the petitioner to redress their grievances, if any exist, by preferring an appeal, in the manner prescribed under the Act. - HC

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