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    <title>2003 (2) TMI 427 - ITAT DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=117106</link>
    <description>A reassessment notice under section 148 is invalid where the assessee has already filed a return and that return remains undisposed of, because income cannot be treated as having escaped assessment while the original return is still pending. On that basis, the reassessment proceedings were held unsustainable. The assessment order was also found to be time-barred under section 153 because, once the defective reassessment notice was excluded, the order was passed beyond the prescribed limitation period. The proceedings and assessment were therefore set aside, and the assessee succeeded.</description>
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    <pubDate>Fri, 14 Feb 2003 00:00:00 +0530</pubDate>
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      <title>2003 (2) TMI 427 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=117106</link>
      <description>A reassessment notice under section 148 is invalid where the assessee has already filed a return and that return remains undisposed of, because income cannot be treated as having escaped assessment while the original return is still pending. On that basis, the reassessment proceedings were held unsustainable. The assessment order was also found to be time-barred under section 153 because, once the defective reassessment notice was excluded, the order was passed beyond the prescribed limitation period. The proceedings and assessment were therefore set aside, and the assessee succeeded.</description>
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      <pubDate>Fri, 14 Feb 2003 00:00:00 +0530</pubDate>
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