VARANASI DEVELOPMENT AUTHORITY,VARANASI vs. CIT (E),, LUCKNOW
In the result, the appeal of the assessee is allowed
ITA 34/ALLD/2018[2007-2008]Status: DisposedITAT Varanasi17 Jan 2023AY 2007-2008
Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2007-08 Varanasi Development Authority, Vs. Commissioner Of Income Tax Pannalal Park, Raja Udai Pratap (Exemption), Lucknow Marg, Katchary, Varanasi Pan-Aaatv6811A (Appellant) (Respondent) Appellant By: Sh. Ashish Bansal, Advocate Respondent By: Sh. Amalendu Nath Mishra, Cit Dr Date Of Hearing: 12.01.2023 Date Of Pronouncement: 17.01.2023 O R D E R
For Appellant: Sh. Ashish Bansal, AdvocateFor Respondent: Sh. Amalendu Nath Mishra, CIT DR
Section 11Section 143(3)Section 147Section 148Section 263Section 43B
reassessment proceedings are void ab-initio on this score.
……
……
The ruling in the case of IL & FS Investment Managers Ltd. v. ITO- In the case of IL&FS Investment Managers Ltd. v. ITO [2008] 298 ITR 32 the Bombay High Court also quashed the notice under section 148, as it was found that the ld had disagreed with audit objection