Ranjit Singh v. ITO (2024) 208 ITD 19 (Amritsar) (Trib.)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Initiated as per the decision of UOI v. Ashish Agarwal (2022) 286 Taxman 183/ 444 ITR 1 (SC)-Assessing Officer treated initial section 148 notice as section 148A(b) notice as per Supreme Court decision-Reassessment order was passed without issuing fresh section 148 notice-Order is without jurisdiction and void ab initio. [S. 147, 148, 148A(b), 148A(d)]

Assessing Officer initiated reassessment proceedings under section 148 after 1-4-2021 without following amended procedure laid down in section 148A. Subsequently, initial section 148 notice was treated as section 148A(b) notice as per Supreme Court decision in  UOI v. Ashish Agarwal (2022) 286 Taxman 183/ 444 ITR 1 (SC). On appeal the Tribunal held that   reassessment order passed without issuing notice under section 148  is bad in law and quashed. would be liable to be treated as bad in law and deserved to be quashed. (AY. 2017-18) 

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