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Reassessment invalid if notice U/s. 143(2) not issued after notice u/s 147/148
Case Law Details
- Case Name
- ITO Vs S. M. Batha Education Trust (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
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ITO Vs S. M. Batha Education Trust (ITAT Pune)
In the absence of pending return of income, the provisions of section 143(2) of the Act is clear that notice can be issued only when a valid return is pending for assessment. Reassessment proceedings is invalid if notice U/sec.143(2) is issued prior to filing of return in pursuance of notice under section 148 since income tax return is not pending for issue of notice under section 143(2) and no statutory notice u/s 143(2) of the Act was issued after the said return of income was filed in response to the notice u/s 147/148 of the Act.
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