Combine Diamonds Pvt Ltd v. ACIT (ITAT Mumbai)

Court: ITAT Mumbai
Head Notes:

If the AO proceeds with the assessment by issuing notices u/s 142(1) & 143(2) of the IT Act before providing the ‘recorded reasons’ and before disposing of assessee’s objections to the ‘recorded reasons’, the same is a violation of the guidelines laid down by the Supreme Court in the case of GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19 (SC). Even subsequent disposal of objections before passing the assessment order cannot cure this defect, and the assessment order is liable to be quashed and set aside.

Law:
Section(s): 147, 148, 142(1), 143(2)
Counsel(s): Rahul Sarda and Virabhadra Mahajan
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Uploaded By ITAT Online Manager
Date of upload: March 18, 2026

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