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Section 292BB Can’t Cure Missing 143(2) Notice: ITAT Hyderabad

Case Law Details

Case Name
Komma Reddy Satyanarayan Reddy Vs ITO (ITAT Hyderabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Komma Reddy Satyanarayan Reddy Vs ITO (ITAT Hyderabad) Belated Return Still a Return-292BB Can’t Cure Total Absence of 143(2): Assessment Void The Hyderabad ITAT allowed the Assessee’s appeal and quashed the ex-parte assessment framed u/s 144, holding that non-issuance of notice u/s 143(2) is a fatal jurisdictional defect. Although the Assessee had filed the return belatedly on 13-10-2019, it was filed during the pendency of assessment proceedings pursuant to notice u/s 142(1) and therefore constituted a valid return in the eyes of law. Once a return is filed—whether original or belatedâ...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,641

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