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    <title>2024 (2) TMI 1076 - ALLAHABAD HIGH COURT</title>
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    <description>Where the statutory scheme treats a filed annual return as a deemed assessment, the premise of a case of no assessment fails once the return is filed and regular assessment is not made within limitation. Reassessment can then be initiated only on objective material and recorded reasons to believe that turnover escaped assessment; a mechanical assumption that all turnover escaped because no regular assessment survived is insufficient. The analysis also notes that an earlier writ order quashing the regular assessment for the relevant year did not preserve a valid basis for fresh reassessment. On that reasoning, the reassessment and reopening permission were treated as invalid for want of jurisdiction.</description>
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    <pubDate>Wed, 13 Dec 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=449925</link>
      <description>Where the statutory scheme treats a filed annual return as a deemed assessment, the premise of a case of no assessment fails once the return is filed and regular assessment is not made within limitation. Reassessment can then be initiated only on objective material and recorded reasons to believe that turnover escaped assessment; a mechanical assumption that all turnover escaped because no regular assessment survived is insufficient. The analysis also notes that an earlier writ order quashing the regular assessment for the relevant year did not preserve a valid basis for fresh reassessment. On that reasoning, the reassessment and reopening permission were treated as invalid for want of jurisdiction.</description>
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      <pubDate>Wed, 13 Dec 2023 00:00:00 +0530</pubDate>
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