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of <h1>Appeal allowed: Reassessment void due to premature notice issuance.</h1> <h3>Uttrakhand Poorv Sainik Kalyan Nigam Ltd. Versus Income Tax Officer, Ward-2 (5), Dehradun</h3> Uttrakhand Poorv Sainik Kalyan Nigam Ltd. Versus Income Tax Officer, Ward-2 (5), Dehradun - [2023] 105 ITR (Trib) 435 (ITAT [Dehradun]) Issues involved:The judgment addresses the validity of assumption of jurisdiction by the learned Assessing Officer in the reassessment proceedings for the assessment year 2014-15.Grounds of Appeal:1. The appellant corporation's eligibility under section 10(26BBB) of the Income Tax Act, 1961, pertaining to its establishment for the welfare and economic upliftment of ex-servicemen.2. The legality of the order passed by the Assessing Officer under section 143(3)/147 of the Income Tax Act, 1961.3. The premature issuance of notice under section 148 by the Assessing Officer before the end of the assessment year itself.4. The right to amend or modify the grounds of appeal.Validity of Jurisdiction:The Tribunal found that the Assessing Officer issued a notice under section 148 prematurely, before the due date for filing the belated return under section 139(4) of the Act. The Tribunal held that the reopening notice was premature and lacked legal basis, as the Assessing Officer could have selected the belated return for scrutiny instead of issuing a reopening notice.Legal Precedents and Rulings:The Tribunal referred to various judicial precedents to support its decision to quash the reassessment proceedings. It highlighted that the Assessing Officer's action in issuing notice under section 148 was invalid as the return was filed within the prescribed time under section 139(4) of the Act. The Tribunal emphasized that the reopening notice was premature and lacked the necessary legal basis, ultimately leading to the allowance of the appeal.Conclusion:The Tribunal allowed the appeal of the assessee, declaring the reassessment proceedings framed by the Assessing Officer as void ab-initio. The Tribunal's decision was based on the lack of legal grounds for the premature reopening notice issued under section 148. The judgment was pronounced in Open Court on 23rd June 2023.
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