Reassessment without Service of Section 148 Notice is void ab initio

Naveen Tyagi Vs ITO (ITAT Delhi)

HC held that if notice u/s 148 was not served on the assessee in accordance with law the reassessment made consequent thereto was without jurisdiction and liable to be quashed.

In the case on hand as the Revenue could not prove the service of notice u/s 148 on the assessee in accordance with law the re-assessment made u/s 147 read with section 144 pursuant to such notice is void ab initio and bad in law. Hence, the reassessment order made u/s 144 read with section 147 is quashed.

FULL TEXT OF THE ORDER OF ITAT DELHI

This appeal is filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-2, Noida dated 18.01.2018 for the AY 2009-10.

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