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Income Tax - Highlights / Catch Notes

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Validity of Proceedings u/s 144C - Eligible assessee - Original ...


Court Invalidates Tax Order; Upholds Original 'Resident' Status Despite Revised 'Non-Resident' Return.

March 8, 2024

Case Laws     Income Tax     HC

Validity of Proceedings u/s 144C - Eligible assessee - Original ITR filed declaring the status as "Resident" - In the revised ITR the status declared as "Non-Resident" - Later the assessee has withdrawn/ abandoned his revised return - DRP rejected the petitioner's objections and maintained the Draft Order - In light of the incorrect application of Section 144C proceedings and the principle of estoppel, the Bombay High Court set aside the Draft Order and subsequent orders issued by the tax authorities. The court directed the Assessing Officer to assess the petitioner's original tax return to determine tax liability based on the petitioner's established residential status as a resident in India.

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