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Case Law Details

Case Name : Kalyanika Infra Mega Ventures Pvt. Ltd. Vs Dy.C.I.T. (Central) (ITAT Jabalpur)
Appeal Number : I.T.A. No. 49/JAB/2018
Date of Judgement/Order : 23/11/2023
Related Assessment Year : 2014-15
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Kalyanika Infra Mega Ventures Pvt. Ltd. Vs Dy.C.I.T. (Central) (ITAT Jabalpur)

In a significant decision, the Income Tax Appellate Tribunal (ITAT) Jabalpur addressed critical questions regarding the jurisdiction and validity of assessment orders in the case of Kalyanika Infra Mega Ventures Pvt. Ltd. vs Dy.C.I.T. (Central). The case revolved around the interpretation of Section 153A of the Income Tax Act, 1961, concerning block assessments and the authority of the Assessing Officer (AO) in conducting assessments post a search or requisition under Sections 132 and 132A, respectively.

Background of the Case

The dispute arose from assessment years 2014-15, with the Assessing Officer passing assessment orders under Section 143(3) instead of Section 153C of the Income Tax Act. The difference of opinion between the Accountant Member and the Judicial Member led to the matter being referred to the Third Member of the Tribunal.

The Tribunal’s Decision

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