1990 (11) TMI 103

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....of the Income-tax Act, 1961, the following question has been referred by the Income-tax Appellate Tribunal : "Whether, on the facts and in the circumstances of the case, the notice under section 148 of the Act, dated September 10, 1971, and served on October 23, 1971, was valid and operative ?" With respect to the assessment year 1965-66, the Income-tax Officer proposed to reopen the assessment.....

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....he Tribunal held in favour of the assessee and declared the entire reassessment proceedings taken by the transferee-Income-tax Officer as illegal and invalid on the ground that the very transfer was without jurisdiction. We find that the conclusion of the Tribunal cannot be sustained in view of the decision of the Supreme Court in 163 ITR . In this decision, the Supreme Court has pointed out the ....