Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

CIT(A) erred by assuming reassessment proceedings initiated by ...


Reassessment notice under non-existent old Section 148 renders assessment orders invalid.

January 8, 2025

Case Laws     Income Tax     AT

CIT(A) erred by assuming reassessment proceedings initiated by AO u/s 148A were valid, ignoring merits of earlier assessment orders dated 31.03.2022 passed pursuant to notice issued on 30.06.2021 under old Section 148. ITAT held assessment orders based on notice issued under non-existent Section 148 were invalid, quashing them. CIT(A) ought to have independently determined validity of impugned orders instead of treating them as non-est due to subsequent Section 148A proceedings. Decided in assessee's favor.

View Source

 


 

You may also like:

  1. Reopening of assessment u/s 147 against non-existing entity - scheme of the amalgamation and arrangement approved - The High Court acknowledges the petitioner's argument...

  2. Notice u/s 143(2) issued by a non-jurisdictional Assessing Officer/Deputy Commissioner is invalid and cannot be cured. The assessment order framed u/s 143(3) based on...

  3. Notice issued against dissolved firm invalid; firm ceased to exist, rendering reassessment proceedings untenable. Apex Court's decision in Maruti Suzuki case mandates...

  4. The High Court held that the faceless assessment order was invalid as it violated the principles of natural justice and the provisions of Section 144B of the Income Tax...

  5. The High Court held that the reassessment notice issued beyond the period of limitation was invalid and without jurisdiction. The impugned notice itself was illegal, and...

  6. Validity of reopening of assessment - notice against non existent entity / amalgamated company - Notices issued.

  7. Assessment against a company which was non-existent is invalid - AT

  8. The High Court held that the reassessment order dated 12.05.2023 and subsequent proceedings were invalid as they were beyond the statutory limitation period prescribed...

  9. Validity of the draft assessment order issued in the name of non-existent entity - TP adjustment - arm’s-length price u/s 92CA - once the draft assessment order and...

  10. Validity of assessment - non-existent entity consequent to the order of merger - final order of assessment for Assessment Year 2010-11 dt.30.12.2014 passed in the name...

  11. Reopening of assessment u/s 147 - Earlier, ITAT remanded the matter back requesting the AO to provide reasons for initiating reassessment proceedings. - AO must have...

  12. Notice u/s 148 issued to a non-existent entity due to merger. ITAT held such notice illegal, invalid and non-est as per Bombay HC in Uber India Systems Pvt. Ltd. Despite...

  13. Validity of Reopening of assessment - tangible materials - petitioner had failed to deduct withholding tax on the assumption that the AAR would issue a favourable ruling...

  14. Validity of reassessment order - Notice sent on wrong (old) E-mail ID - The petitioner company had two email addresses, one used until 2019 and another operational since...

  15. The ITAT Amritsar held that the reassessment order u/s 147 was invalid due to the absence of a statutory notice u/s 143(2). The non-issuance of the statutory notice u/s...

 

Quick Updates:Latest Updates