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If quantum assessment restored to file of AO, then penalty order will not survive
Case Law Details
- Case Name
- Mrs. Sujata Rajendra Nikalje Vs I.T.O. (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2003-04
- Courts
- ITAT Mumbai
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Sujata Rajendra Nikalje Vs ITO (ITAT Mumbai) – We find force in the alternate contention of the assesee. Admittedly, the assessee was in custody from 25th December, 2005 till 17th September, 2007 during which the assessment for A.Y. 2003-04 and 2004-05 were framed. Although the assessee was given opportunity during remand proceedings, we find merit in the submission of the ld. counsel for the assessee that due to her depressed mental state of affairs for being behind bars for above 2 years, the assessee was not in a position to substantiate her case and, therefore, one...
