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    <title>2026 (4) TMI 405 - ITAT KOLKATA</title>
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    <description>Reassessment was held invalid on jurisdictional grounds at both stages. First, the reopening notice issued by the Income-tax Officer was beyond the officer&#039;s jurisdiction because the assessee&#039;s returned income fell above the allocation threshold under the applicable CBDT instruction, so the reassessment could not lawfully commence. Second, the reassessment order was passed by the NFAC before the relevant e-assessment notification had become operative, meaning the forum used for completion had not yet been legally empowered. Each defect independently went to the root of the proceedings, rendering the reassessment void ab initio and the matter decided in favour of the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=789336</link>
      <description>Reassessment was held invalid on jurisdictional grounds at both stages. First, the reopening notice issued by the Income-tax Officer was beyond the officer&#039;s jurisdiction because the assessee&#039;s returned income fell above the allocation threshold under the applicable CBDT instruction, so the reassessment could not lawfully commence. Second, the reassessment order was passed by the NFAC before the relevant e-assessment notification had become operative, meaning the forum used for completion had not yet been legally empowered. Each defect independently went to the root of the proceedings, rendering the reassessment void ab initio and the matter decided in favour of the assessee.</description>
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