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Income Tax - Highlights / Catch Notes

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Revision u/s 263 by CIT - AO's omission to frame draft ...


CIT's Section 263 Revision Challenged: AO's Omission of Draft Order u/s 144C Renders Assessment Void.

September 25, 2021

Case Laws     Income Tax     AT

Revision u/s 263 by CIT - AO's omission to frame draft assessment order u/s 144C - An action made without jurisdiction and ergo the assessment order dated 25.09.2017 is null in the eyes of law and therefore, is non est. Therefore, when the foundation itself does not exist, i.e., assessment order dated 25.09.2017 is non-est, the Ld. PCIT could not have exercised his jurisdiction to interfere with void/null order which is not existing in the eyes of law and, therefore, the impugned order of Ld. PCIT is also a nullity. - AT

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