The Appellate Tribunal (ITAT) considered the validity of ...

Reopening of assessment without disposal of objections by AO deemed invalid. Assessee's objections must be considered before final assessment.

Case Laws Income Tax

June 6, 2024

The Appellate Tribunal (ITAT) considered the validity of reopening an assessment where the assessee's objections were not addressed. The power to reopen assessment lies solely with the Assessing Officer (AO) who must genuinely believe income has escaped assessment. If objections are raised, the AO must decide on them before finalizing the assessment. While the CIT(A) can enhance assessments, only the AO can reopen them. Failure to address objections renders the assessment invalid. Consequently, additions made in such assessments are unsustainable. The decision favored the assessee due to the flawed assessment process.

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The Appellate Tribunal (ITAT) considered the validity of ...

Reopening of assessment without disposal of objections by AO deemed invalid. Assessee's objections must be considered before final assessment.

Case Laws Income Tax

June 6, 2024

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