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9,686 cases — bench: Hyderabad
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The Tribunal held that the issue of the AO's jurisdiction, based on the assessee's residential status, was a fundamental legal issue that went to the root of the matter. Since the DRP failed to adjudicate this issue, and neither the AO nor the DRP had verified the assessee's actual residential status, the assessment order was set aside.
The Tribunal held that since the notice u/s 148 was dispatched on April 1, 2021, it should be considered as issued on that date, thus attracting the amended provisions of Section 148A and Section 151 of the Act. The Tribunal further found that the notice was not issued following the mandatory procedure under Section 148A and lacked proper approval from the competent authority as required under Section 151. Consequently, the notice and the subsequent reassessment order were deemed invalid.
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The Tribunal admitted the additional grounds of appeal regarding the limitation period for issuing the reassessment notice. Examining the issue, the Tribunal found that the notice under section 148 was issued beyond the six-year period from the end of the assessment year, and the amended provisions did not extend this period in this case.