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Scrutiny assessment bad in law if Section 143(2) notice was Time-Barred

Case Law Details

Case Name
Osian Stock Broking Pvt. Ltd. Vs ITO (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
Advertisement Osian Stock Broking Pvt. Ltd. Vs ITO (ITAT Kolkata) In the recent case of Osian Stock Broking Pvt. Ltd. Vs ITO, the Income Tax Appellate Tribunal (ITAT) Kolkata nullified an addition due to the late issuance of Notice under Section 143(2) of the Income Tax Act. The ITAT concluded that the Notice was sent beyond the specified deadline, making the assessment void ab initio. Analysis: The ITAT Kolkata carefully examined the arguments put forth by both the assessee and the Departmental Representative (DR). The crux of the dispute revolved around the timing of the issuance of the N...
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