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Reopening of assessment unsustainable in absence of satisfaction of competent authority
Case Law Details
- Case Name
- Ganesh Umanath Nayak Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- All ITAT, ITAT Mumbai
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Ganesh Umanath Nayak Vs ITO (ITAT Mumbai)
ITAT Mumbai held that reopening of assessment unsustainable as there is no satisfaction of the competent authority before issuance of notice under section 148 of the Income Tax Act.
Facts- The assessee in appeal has challenged the validity of assessment order on the ground of jurisdiction as well as on merits of the addition.
Assessee submits that the assessment for A.Y. 2008-09 in the case of assessee was reopened beyond the period of four years. As per the provisions of the Act, AO was required to take approval from the Competent Aut...
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