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Notice issued within time but Served After Limitation Period Voids Reopening: ITAT Kolkata
Case Law Details
- Case Name
- Festino Vincom Limited Vs ITO (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Kolkata
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Festino Vincom Limited Vs ITO (ITAT Kolkata)
Notice u/s 148 issued on 31.03.2018 but served on 11.04.2018; service beyond 6-year limit u/s 149(1)(b) makes reopening time-barred & void ab initio-ITAT Kolkata quashes reassessment
Assessee filed its return on 29.09.2011 declaring income of ₹4,850, which was processed u/s 143(1). Later, AO reopened the case u/s 147 based on Investigation Wing information that ₹16.46 crore had allegedly been routed through layering of companies to Assessee. A notice u/s 148 was issued on 31.03.2018, & reassessment was completed u/s 144/147 making addi...
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