The Tax Publishers2020 TaxPub(DT) 4338 (Jp-Trib)

INCOME TAX ACT, 1961

Section 147

Reassessment proceedings completed without disposing of objections raised by assessee were invalid.

Reassessment - Validity - Non-disposal of assessee's objections to the reasons recorded for reopening -

Assessee challenged validity of reassessment order passed by AO under section 147 on the ground of AO not having disposed of assessee's objections to the reasons recorded for reopening of assessment. Held: Reassessment proceedings completed without disposing of objection raised by assessee were invalid and therefore, consequent reassessment order under section 147 read with section 143(3) was quashed and set aside.

Followed:Manoj Dubey v. ITO ITA Nos. 332 to 334/JP/2019 Order dated 26-2-2020 (Jaipur-Trib.) : 2020 TaxPub(DT) 2263 (JP-Trib) and K.C. Mercantile v. Dy. CIT [ITA No. 292 / 2016, dt. 7-11-2016].

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13


INCOME TAX ACT, 1961

Section 36(i)(iii)

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