Reassessment under s.148A held valid; s.69 additions totaling Rs.7,00,000 deleted after acceptable contemporaneous explanations for property investmen...
Adjudication set aside; Rule 9 valuation based on internet engineer report quashed for Rule 3(4) non-compliance; Section 138B cross-examination requir...
The ITAT quashed the assessment framed under s. 143(3) as the statutory scrutiny notice under s. 143(2) was issued by a non-jurisdictional ITO instead of the DCIT who alone had jurisdiction given the assessee's return exceeded ₹20 lakh. The Tribunal held the assessment initiation was vitiated by jurisdictional defect, not curable, because the required jurisdictional officer did not issue the s. 143(2) notice nor complete the assessment. Having regard to settled coordinate bench rulings, the assessment was declared invalid and set aside, and the assessee's additional grounds challenging validity were allowed.
The ITAT quashed the assessment framed under s. 143(3) as the statutory scrutiny notice under s. 143(2) was issued by a non-jurisdictional ITO instead of the DCIT who alone had jurisdiction given the assessee's return exceeded ₹20 lakh. The Tribunal held the assessment initiation was vitiated by jurisdictional defect, not curable, because the required jurisdictional officer did not issue the s. 143(2) notice nor complete the assessment. Having regard to settled coordinate bench rulings, the assessment was declared invalid and set aside, and the assessee's additional grounds challenging validity were allowed.
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