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Income Tax - Highlights / Catch Notes

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Validity of assessment order - Reference to dispute resolution ...


High Court Quashes Assessment Order Due to Jurisdictional Error u/s 144C(1) of the Income Tax Act.

July 30, 2021

Case Laws     Income Tax     HC

Validity of assessment order - Reference to dispute resolution panel u/s 144C -Failure to follow the procedure under Section 144C(1) would be a jurisdictional error and not merely procedural error or a mere irregularity. - This is not a mere irregularity but an incurable illegality. Even the provisions of Section 292B of the IT Act would not protect such an order as Section 292B of the IT Act cannot be read to confer jurisdiction on the Assessing Officer, where none exists. - Order quashed - HC

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