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Post-search reassessment: Statutorily deemed income-escape information requires section 148 proceedings instead of continued scrutiny assessment under the new framework.
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Post-1 April 2021 searches are deemed under Explanation 2(i) to section 148 to provide information suggesting that income has escaped assessment. This statutory deeming requires reassessment proceedings under section 148 rather than continuation and completion of a scrutiny assessment under section 143(3). Completing a scrutiny assessment despite the prescribed procedure creates a jurisdictional defect, rendering the assessment invalid. The requirement concerns the mandatory procedural route following a qualifying search.
Post-1 April 2021 searches are deemed under Explanation 2(i) to section 148 to provide information suggesting that income has escaped assessment. This statutory deeming requires reassessment proceedings under section 148 rather than continuation and completion of a scrutiny assessment under section 143(3). Completing a scrutiny assessment despite the prescribed procedure creates a jurisdictional defect, rendering the assessment invalid. The requirement concerns the mandatory procedural route following a qualifying search.
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