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Case Law Details

Case Name : Aarti Industries Ltd. Vs DCIT (ITAT Mumbai)
Appeal Number : ITA Nos. 592 & 593/Mum./2018
Date of Judgement/Order : 29/05/2019
Related Assessment Year : 2009-10, 2010-11
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Aarti Industries Ltd. Vs DCIT (ITAT Mumbai)

Non–disposal of objections challenging the validity of re–opening of assessment under section 147 of the Act is not a mere procedural lapse but effects the jurisdiction of the Assessing Officer to pass the assessment order under section 143(3) r/w section 147 of the Act. Impugned assessment orders passed under section 143(3) r/w section 147 of the Act as void ab initio.

FULL TEXT OF THE ITAT JUDGEMENT

The aforesaid appeals have been filed by the assessee challenging two separate orders, both dated 8th October 2017, passed by the learned Commissioner of Income Tax (Appeals)–24, Mumbai, pertaining to the assessment year 2009–10 and 2010–11.

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