Section 148 Reassessment Notice to Non-Existent Firm Invalid: ITAT Jodhpur

Kanak Kumar Jain Vs DCIT (ITAT Jodhpur)

ITAT Jodhpur held that issuance of re-assessment notice under section 148 of the Income tax Act to non-existent firm and to deceased partners is invalid issuance of notice. Accordingly, order passed thereon is liable to be quashed.

Facts- After receiving information, proceedings u/s. 147 of the IT Act was initiated. Accordingly, a notice u/s. 148 dated 08.03.2018 was issued in the name of non-existent firm and not properly served thereon. The said reassessment proceeding was based on ADIT (Inv.)-II, Udaipur report issu

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