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Rectification of mistake u/s 254 - non issuance of valid notice ...


Rectification of Mistake: No Hearing Needed for Case Transfer Within City u/s 127, No Re-Issuance of Notice Required.

September 30, 2021

Case Laws     Income Tax     AT

Rectification of mistake u/s 254 - non issuance of valid notice u/s 143(2) - transfer of case u/s 127 - Legislative intent becomes clear with reading to Section 127(3) and Section 127(4) of the Act that while Section 127(3) makes right to be heard dispensed with if the case transferred from one Assessing Officer to another in same city, place or locality and the assessee has agreed these facts. That Section 127(4) is clear that re-issuance of notice already issued by the Assessing Officer having jurisdiction and now subsequently transferred to another Assessing Officer shall not be required. - AT

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