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Income Tax - Highlights / Catch Notes

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Validity of Reopening of assessment based on order passed u/s ...


Reassessment Invalid: Court Rules Notices and Orders Unsustainable Due to Lack of Jurisdictional Pre-conditions.

April 5, 2024

Case Laws     Income Tax     HC

Validity of Reopening of assessment based on order passed u/s 263 - The Court found that the reassessment proceedings lacked the satisfaction of jurisdictional pre-conditions and were based solely on an order that had been set aside by the Income Tax Appellate Tribunal. Therefore, the notices and order issued by the Assessing Officer to reopen the assessment could not be sustained. The Court emphasized that once a query is raised during the assessment proceedings and answered by the assessee, it is deemed to have been considered and accepted by the Assessing Officer.

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