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Jurisdiction Defect: ITAT Voids Entire Assessment Where 143(2) Notice Ignored CBDT Mandatory Instructions

Case Law Details

Case Name
Sunil Singh Vs ITO (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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Sunil Singh Vs ITO (ITAT Kolkata) Notice Missing ‘Limited or Complete Scrutiny’ Label? Entire Assessment Becomes Void Invalid 143(2) Notice = No   This appeal deals with a crucial jurisdictional defect that strikes at the very root of the assessment – the validity of the notice issued under Section 143(2).  Assessee’s appeal reached the ITAT with a delay of 288 days, but the delay was supported by an affidavit explaining genuine reasons, &  even the Department did not object. Tribunal, guided by the principle that matters must be decided on merit rather than technicality, condon...
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