Once the original reassessment orders u/s 148 were quashed, they ...

Tax reassessment orders quashed; rectification order unsustainable due to non-existent original orders and income threshold not met.

Case Laws     Income Tax

August 24, 2024

Once the original reassessment orders u/s 148 were quashed, they ceased to exist legally. The rectification order u/s 154 was premised on the quashed orders, which could not be revived or corrected. Section 154 could only be invoked if a valid order capable of rectification existed. Since the original orders were non-existent after being quashed, invoking Section 154 was impermissible. Additionally, the condition u/s 149(1)(b) requiring income escaping assessment to be Rs. 50 lakhs or more was not fulfilled. Consequently, the rectification order was unsustainable and quashed by the High Court.

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