Reopening assessment without controverting explanation of assessee is bad-in-law: ITAT Kolkata

Venkateswar Medicare Pvt. Ltd. Vs ITO (ITAT Kolkata)

ITAT Kolkata held that reopening of assessment framed u/s. 148A(d) without application of mind and without controverting the explanation of the assessee is bad in law and is accordingly being quashed. Thus, appeal of the assessee allowed.

Facts- Present appeal has been preferred by the assessee against order of CIT(A). In this appeal, the only issue pressed at the time of hearing was in respect of the jurisdiction of the AO issuing notice u/s. 148 and framing the assessment accordingly u/s. 147 read with s

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