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Income Tax - Highlights / Catch Notes

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Validity of Reassessment proceedings - notice issued in the ...


Court Rules Against Validity of Reassessment Due to Improper Notice Service; Orders Fresh Objections and Reassessment.

May 6, 2024

Case Laws     Income Tax     HC

Validity of Reassessment proceedings - notice issued in the course of the reassessment proceedings not served on the assessee - The High Court examined the evidence presented, including copies of notices and postal tracking reports. It noted that all notices appeared to have been dispatched to the assessee but returned to the sender, the assessing officer. Despite this, the officer claimed the notices were served. The Court held that the mere dispatch of the assessment order to the same address did not prove due service of preceding notices. - Consequently, it set aside the assessment order and directed the petitioner to file detailed objections within a specified timeframe. The Court also allowed the assessing authority to reevaluate the issue of the firm's existence independently.

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