Non-issue of notice u/s 143(2) for assessment u/s 148 is fatal: Chd ITAT

For complete Text of Judgemnet click here sanjeev Aggarwal ITAT ORDER

It was contended that the Assessing Officer has erred in framing assessment under section 147 r.w.s. 143(3) of the Act even when no notice under section 143(2) of the Act was issued and served on the assessee and, hence the assessment deserves to be quashed and declared null and void. After considering the submissions of the assessee, the learned CIT (Appeals) was of the opinion that the learned counsel of the assessee attended the re-assessment proceedings regularly and has never objected regarding issue and service of notice under section 143(2) of the Act and hence, he held that notice under section 143(2) of the Act is duly issued and served upon the assessee. Not agreeing with the opinion of CIT (Appeals), Tribunal held that that the Assessing Officer has to issue and serve a notice under section 143(2) of the Act to the assessee before making assessment under section 147 of the Act.