2017 (11) TMI 127

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....ant: Mr. Sanjay Kumar with Mr. Rahul Chaudhary, Advocates For the Respondent: None. S. RAVINDRA BHAT, J. (OPEN COURT) CM No.37922/2017 (exemption) in ITA 888/2017 Exemption is allowed subject to all just exceptions. ITA 887/2017 & ITA 888/2017 1. The Revenue impugns order of the ITAT dated 10.03.2017 for Assessment Years 1999 - 2000 and 2000 - 2001. 2. The Revenue urges that t....

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....der went by the view that the Hotel Blue Moon (supra) had conclusively held that unless Section 143(2) notice is issued, leading to an assessment, the reassessment order passed by the Assessing Officer for the concerned years would be without jurisdiction. 5. This Court was informed, during the hearing, that the subsequent judgment of the Division Bench in PR. Commissioner of Income Tax vs. Sil....

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....d by the AO to the Assessee. With there being no fresh evidence or disputed facts sought to be brought on record, and the issue being purely one of law, the ITAT was not in error in permitting the Assessee to raise such a point before it. This finds support in the decision of the Supreme Court in National Thermal Power Co. Ltd. v. Commissioner of Income Tax (supra) and the decision of this Court i....

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....of the Act. He further submitted that with no discrepancy having been found by the AO in the returns for AYs 2005-06 till 2007-08, which were processed under Section 143 (1) of the Act, there was no occasion for the AO to issue a notice under Section 143 (2) of the Act. Mr. Sahni submitted that in the circumstances, the action of the AO in finalising the reassessment orders without notice under Se....