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Unsigned Section 148 Notice Voids Reopening: Tribunal Declares Entire Reassessment Invalid

Case Law Details

Case Name
Diamond Realcon Pvt Ltd Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
Advertisement Diamond Realcon Pvt Ltd Vs ACIT (ITAT Delhi) Unsigned 148 Notice = No Jurisdiction: 143(2) Before Reasons? Fatal Error—ITAT Quashes Entire Reassessment Tribunal considered Assessee’s challenge to reassessments u/s 147 for AYs 2011-12 & 2012-13 which culminated in additions u/s 68 & 69 for alleged unexplained cash credits &  unexplained investments. For AY 2011-12, Tribunal found from the record that the notice u/s 148 dated 31.03.2018 bore no manual or digital signature, rendering it non est. Relying on Prakash Krishnavtar Bhardwaj (Bom HC), Tribunal held that...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,926

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