Case Law Details
Reuters Asia Pacific Ltd. Vs DCIT (ITAT Mumbai)
In a landmark ruling that underscores the sanctity of procedural compliance in tax assessments, the Income Tax Appellate Tribunal (ITAT) Mumbai has set a precedent in the case of Reuters Asia Pacific Ltd. Vs DCIT. The tribunal meticulously dissected the implications of serving an unsigned assessment order, holding firm that the absence of a signature from the Assessing Officer (AO) cannot be overlooked or remedied by invoking Section 292B of the Income Tax Act, 1961.
The Crux of the Matter
The appeal lodged by Reuters Asia Pacific Ltd. challenged the legitimacy of an assessment order for the Assessment Year 2015-16, which was unsigned and hence deemed invalid. This pivotal case brings to light the indispensable need for adherence to statutory requirements in the issuance of assessment orders.
Unveiling the Tribunal’s Analysis
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What will be the fate of an assessment order, notice etc. is signed with an expired digital signature of an official of Income tax department.