Income Escaping Assessment...Urgent Sir!!

This query is : Resolved

Rajesh (Querist)
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27 October 2010 Dear Experts,
Can anyone tell whether reassessment proceedings be initiated if any assessment proceeding is pending?
Thanks & Regards,
Rajesh.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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27 October 2010 If u mean to say assessment proceedings u/s 143 is going on then how the same can be reopened as original assessment is only not completed.

If u mean to say that order is appealed against and pending before CIT(A) or ITAT then ur case can be reopened.

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taxindiaconnect

taxindiaconnect (Expert)
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28 October 2010 Agreed with Aditya. Please specify your querry.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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29 October 2010 further it has been held
S.148. Reassessment- Time available for issue of notice- S 143 (2).
Notice under section 148 cannot be issued for making reassessment, when time limit is available for issue of notice under section 143 (2) for making an assessment under section 143 (3).
CIT v TCP Ltd (2010) 44 DTR (Mad) 31.

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