2021 (12) TMI 142

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....or the Appellant : Mr. Anuroop Singhi For the Respondent : Mr. Mahendra Gargieya Mr. Devang Gargieya JUDGMENT This appeal has been filed challenging the judgment of the Income Tax Appellate Tribunal raising the following questions for our consideration:- i) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the notice issued u/S....

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....rtains to the re-opening of assessment of the respondent-assessee for the assessment year 2007-08. The Tribunal in the impugned judgment came to the factual finding that before passing the order of assessment, notice of re-opening of the assessment was never served on the assessee or its authorised representative. The following observation of the Tribunal need to be noted:- "After having heard t....

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.... of assessment on 24.03.2015. From the record, we also notice that there is no power of attorney of Shri Anand Sharma, CA given by the assessee, therefore, in such circumstances even if any notice was served on Shri Anand Sharma under Section 148 of the Act, but the same is of no consequence in the absence of any valid authority/authorization given by the assessee company to the said Shri Anand Sh....

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....y receiving the notice on 14.03.2014 had affixed the stamp of M/s. Durga Motor Company which also goes to show that the said notice was never served upon the assessee." In that view of the matter, we do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income....