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Objection to notice must be disposed of first and only thereafter assessment can be proceede


Last updated: 24 August 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
As per a Supreme Court decision, objection to notice must be disposed of first and only thereafter assessment can be proceeded. The objections dated 16.3.2010 were disposed of by Income-tax Officer on 22.10.2010 and notice u/s 143(2) is dated 15.9.2010. Thus it is bad in law and the notice is invalid. No subsequent such notice has been issued in this case. Valid issuance of notice is a necessary precondition for reassessment which is missing.

Citation :
Ingrain Securities (P) Ltd. ,1/561, G.T. Road, Shahdara, New Delhi-32(Appellant) V/s. Income-tax Of f icer, Ward-11(4), New Delhi [PAN:AAACI 1511 R] (Respondent)

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CS Bijoy
Published in Income Tax
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