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Income Tax - Highlights / Catch Notes

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Validity of Re-assessment proceedings u/s 147 - Earlier the ...


Court Invalidates Reassessment Notice; Income Matters Already Under Appeal Cannot Be Reassessed.

May 3, 2024

Case Laws     Income Tax     HC

Validity of Re-assessment proceedings u/s 147 - Earlier the notice for Assessment u/s 153A/C was issued - denying deduction u/s 80IB - The High Court observed that the impugned reopening notice was based on the same issue that was subject to appeal, which led to the order dated 30th March 2015 by the CIT(A). The Court cited the third proviso to Section 147 of the Act, which prohibits reassessment of income involving matters that are the subject of any appeal, reference, or revision.

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